Hemanta Naik Vs State of Odisha

Heard learned counsel appearing for the Petitioners and learned Additional Standing Counsel appearing for the StateOpposite Party. Perused the materials placed before this Court.

¶20

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioners for regular bail in connection with G.R. Case No.32 of 2024, arising out of Parjang P.S Case No.23 of 2024, pending in the Court of learned J.M.F.C., Parjang, for alleged commission of offence punishable under Section 395 of I.P.C.

¶21

Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 15.01.2024. He further

¶22

Page 1 of 3 .

¶23

contended that the investigation has been concluded and charge sheet has been filed. Learned counsel for the Petitioners further submitted that the Petitioners are falsely implicated in the present case. He further contended that since the Petitioners belong to the locality, there is no chance of their abscondance. With regard to the criminal antecedent, the Petitioner Nos.1 & 3 are having one criminal antecedent and Petitioner Nos.2 & 4 are having no criminal antecedent. Learned counsel for the Petitioners further contended that though the Petitioners have some antecedents, however, they are ready and willing to abide by any terms and conditions that would be imposed by this Court in the event they are released on bail.

¶24

Learned Additional Standing Counsel on the other hand opposed the release of the Petitioners on bail on the ground of seriousness and gravity of the allegation made against the Petitioners in the F.I.R. He further contended that the Petitioners are having criminal antecedents. Therefore, in the event the Petitioners are released on bail, there is every likelihood they might indulge in similar type of offences.

¶25

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record and also the seriousness and gravity of the allegation, this Court is inclined to release the Petitioners on bail subject to imposition of stringent conditions.

¶26

Hence, it is directed that the Petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/(Rupees thirty thousand) with two local solvent sureties each for

¶27

Page 2 of 3 .

¶28

the like amount to the satisfaction of the learned court in seisin over the matter.

¶29

It is open for the Court in seisin over the matter to impose any other conditions as may be deemed just and proper. Violation of any condition shall cancellation of the bail application.

¶30

It is further directed that the bail granted to the Petitioners be subject to the condition that the court below shall verify the criminal antecedent of the Petitioners. In the event the Petitioner Nos.1 & 3 are having more than one criminal antecedent and Petitioner Nos.2 & 4 are having any criminal antecedent, then this bail order shall automatically stand revoked.

¶31

The BLAPL is, accordingly, disposed of.

¶32

( A.K. Mohapatra)

¶33

Judge

¶34

RKS

¶35

Signature Not Verified Page 3 of 3 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 16-Aug-2024 15:56:02

Hemanta Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Hemanta Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Pratap Behera Vs State of Odisha

Arun Kumar Nayak Vs State of Odisha

Mangulu Bisoyi Vs State of Odisha

Sushanta Hati Vs State of Odisha

Ajay Kumar Parida Vs State of Odisha

Dibyendu Patnaik Vs State of Odisha