Punia Mallik@Bijay Kumar Mallik Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Bonth P.S.Case No.55/2023 corresponding to G.R. Case No.876 of 2023 pending in the Court of the learned S.D-J.M., Bhadrak for alleged commission of offence under Section 147, 148, 294, 336, 435,436, 427, 506, 379, 149 of I.P.C.

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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 05.03.2023. Further, learned counsel for the petitioner submitted that the F.I.R. basing upon which the petitioner was

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arrested was lodged against 39 persons including the present petitioner. It was further submitted that in actuality during the alleged occurrence, regarding which the alleged F.I.R. has been lodged, involved more than 300 people who hurled abuses an allegedly created disturbance in the alleged place of occurrence. Learned counsel for the petitioner further submits that no specific allegation has been made against the petitioner in the F.I.R. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as deemed fit and proper by this Court in light of the facts and circumstances of the present case.

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Learned Additional Government Advocate on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that, considering the seriousness and gravity of the allegation against the petitioner, the bail application of the Petitioner be rejected at this juncture.

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Having heard the learned counsel appearing for the respective parties and, on a careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail upon furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with one local solvent surety each for the like amount to the satisfaction of the learned court in seisin over the matter. subject to the following terms and conditions:

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I) he shall not indulge in similar criminal offences; II) shall cooperate with investigation;

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III) shall appear before the I.O. as and when required

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for the purpose of investigation; and

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IV) shall appear before the Trial Court on each and every date fixed.

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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 depositing a cash security of Rs.5,000/- (Rupees Five thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time

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to time till conclusion of trial and the same shall be abide by the final

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outcome of the trial of the case.

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