Gagan Naik @ Majhi Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.719 of 2023, arising out of Balimi P.S. Case No.248 of 2023, pending in the Court of learned S.D.J.M., Hindol, for alleged commission of offences punishable under Sections 364 (A), 384, 506, 34 I.P.C. read with Sections 25 and 27 of the Arms Act.

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Page 1 of 4.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is languishing in judicial custody since 25.11.2023. He further contended that in the meantime, investigation has been concluded and final charge sheet has been filed on 21.03.2024. Learned counsel for the Petitioner further contended that although a case of kidnapping has been registered, however, the victim himself has lodged the F.I.R. It was also contended that the allegation made in the F.I.R. are false and concocted. It is further contended that although the Petitioner has some criminal antecedent, however, he has been acquitted in some cases in the meantime. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail in any terms and conditions which he shall abide by while on bail.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that the Petitioner is having eight criminal antecedents almost of similar nature. Further, it is contended that in the event Petitioner is released on bail, there is every possibility that he might indulge in similar offences. He also submitted that in the event the Petitioner is released on bail, he might abscond from justice which would eventually cause

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delay in conclusion of the trial. In such view of the matter, learned Additional Standing Counsel prayed that the prayer for bail of the Petitioner be rejected.

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Having heard the learned counsels appearing for the respective parties and upon a conspectus of the surrounding facts and circumstances involved in the present bail application as well as the materials on record and further taking into consideration the fact that the victim himself has lodged the F.I.R. and in the meantime, investigation has been concluded and final charge sheet has been filed, this Court is inclined to release the Petitioner on bail on stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(Rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Further, the release of the Petitioner shall also be subject to the following conditions:-

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I) he shall not indulge in similar criminal offences while on bail;

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II) he shall not harass, threaten or terrorize the Informant and his family members in any manner whatsoever;

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III) he shall appear before the local police station once in a fortnight for a

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Page 3 of 4.

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period of two months and thereafter once in a month till conclusion of the trial; and

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IV) he shall appear before the trial court on each and every date of posting of the case.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.10,000/(Rupees ten thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

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