Disposed

Sanjaya Pradhan v. State of Odisha

Orissa HC13 May 2024BLAPL/1646/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 Cr.P.C. for offences including Sections 452 and 323 IPC arising from Buguda P.S. Case No.846 of 2023. With investigation completed, charge-sheet filed, and period of custody considered, the court granted bail on a bond with two sureties, subject to conditions including periodic police station appearance and verification of the victim's health.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.35,000 with two local solvent sureties, subject to conduct conditions and victim health verification.

Sanjaya Pradhan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1646 of 2024

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Sanjaya Pradhan

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..... Petitioner

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Represented By Adv. - Santosh Kumar Mahanty

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – Mr. D. Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

13.05.2024

Order No.

This matter is taken up through Hybrid mode.

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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 relating to Buguda P.S. Case No.846 of 2023, corresponding to G.R. Case No.826 of 2023, pending before the learned J.M.F.C., Buguda, for alleged commission of offence punishable under Sections 452, 341, 294, 323, 506 & 34 of IPC.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 16.11.2023. Learned counsel for the Petitioner further contended that the investigation has been completed and the final charge-sheet has been filed. Further referring to the allegation made in the FIR, that the

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Page 1 of 3.

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injured has sustained fracture injuries which even though was grievous in nature. However, in the meantime after receiving medical attention the injured is heal and hearty. He further contended that the Petitioner is having several criminal antecedents. He also submitted that the Petitioner belongs to locality and there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail.

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Learned counsel for the State on the other hand contended that the allegations made in the FIR are serious in nature. It was further contended that the Petitioner having several criminal antecedents, therefore, in the event he is released on bail he might abscond justice which might lead to delay in conclusion of trial. He also contended that the injuries sustained by the injured are grievous in nature. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, and the fact that the investigation has been completed, and the period of custodial detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. The release of the Petitioner shall also be subject to following conditions:-

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i) he shall not be involved in any offence of similar nature while on bail;

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Page 2 of 3.

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ii) he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever,

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iii) he shall not make any default in attending the court during trial on each date without fail.

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iv) he shall appear before the concerned Police Station once in a fortnight for a period of three months, thereafter, once in a month till conclusion of the trial preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM.

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

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify the health condition of the victim. In the event it is found that the victim is not heal and hearty, this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra)

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Judge

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S.K. Rout

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Signature Not Verified

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Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Page 3 of 3. Date: 13-May-2024 18:43:34

Sanjaya Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sanjaya Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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