Allowed¶23

Mitu Rout v. State of Odisha

Orissa HC21 Mar 2024BLAPL/2142/2024

Case brief

AI extract

What is this about?

Conditional regular bail; Section 439 Cr.P.C.; Sections 399/402 IPC; Section 25 Arms Act; Chandipose P.S. Case No.43 of 2023; G.R. Case No.464 of 2023; S.D.J.M. Bonai; Sessions Judge Puri; parity with released co-accused (Jaya Muduli, Dhadu @ Ramachandra Mohapatra, Mithun Bhoi); criminal antecedents; arrest on apprehension; charge sheet filed; bail bond Rs.40,000 with two solvent sureties; cash security Rs.5,000 in nationalised bank; periodic police-station reporting; cancellation on violation; Orissa High Court BLAPL 2024; Justice A.K. Mohapatra.

What did the court decide?

Regular bail granted to Mitu Rout on furnishing a bail bond of Rs.40,000 with two local solvent sureties for the like amount, subject to conduct and reporting conditions and a Rs.5,000 cash security deposit; the BLAPL accordingly disposed of. ¶23

Mitu Rout Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to regular bail under Section 439 Cr.P.C. in connection with G.R. Case No.464 of 2023 (arising out of Chandipose P.S. Case No.43 of 2023) for alleged offences under Sections 399/402 IPC read with Section 25 Arms Act. +1 more

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Court's answer

On hearing both sides and on careful consideration of the surrounding facts and materials on record, the Court resolved to release the Petitioner on bail on furnishing a bail bond of Rs.40,000 with two local solvent sureties for the like amount, notwithstanding the criminal antecedents urged by the State.

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Ratio / Principle

Release made subject to conditions: (I) not to indulge in similar nature of offences while on bail; (II) not to harass, threaten or terrorize any prosecution witness and not to tamper with prosecution evidence; (III) to appear before the jurisdictional Police Station once a week for two months (preferably on Sunday between 10.00 A.M. to 1 P.M.), thereafter once a fortnight for another two months, and thereafter once a month till conclusion of trial.

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Key takeaways

Violation of any of the bail terms and conditions shall entail cancellation of bail.ratio¶27
Bail further conditioned on depositing a cash security of Rs.5,000 before the learned Court in seisin, to be kept in a Nationalized bank in an interest-bearing account initially for one year, renewable from time to time till conclusion of trial, and abiding the final outcome of the trial.ratio¶30

Detailed headnote1 paragraphs

High Court of Orissa (A.K. Mohapatra, J.), order dated 21.03.2024 in BLAPL No.2142 of 2024 — Regular bail under Section 439 Cr.P.C. granted to Mitu Rout, accused in G.R. Case No.464 of 2023 arising out of Chandipose P.S. Case No.43 of 2023 (pending before learned S.D.J.M., Bonai) for alleged offences under Sections 399/402 IPC read with Section 25 Arms Act. Petitioner in custody since 22.09.2023; investigation concluded and charge sheet filed; four of five accused, including Jaya Muduli, Dhadu @ Ramachandra Mohapatra and Mithun Bhoi, already released on bail by the learned Sessions Judge, Puri. Despite criminal antecedents relied upon by the State and reflected in the earlier rejection order, bail granted on a bond of Rs.40,000 with two local solvent sureties, subject to conditions (no similar offences; no harassment of witnesses or tampering with evidence; weekly police-station reporting for two months, fortnightly for the next two months, monthly till trial ends), plus a Rs.5,000 cash security deposit in a nationalised bank; violation entails cancellation of bail.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2142 of 2024

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Mitu Rout

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…. Petitioner Mr. K.K. Mishra , Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. P.C. Das, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

21.03.2024

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the StateOpposite 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.464 of 2023, arising out of Chandipose P.S. Case No.43 of 2023, pending in the Court of learned S.D.J.M., Bonai for alleged commission of offence punishable under Sections 399/402 of IPC read with Section 25 of Arms Act.

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Learned counsel for the Petitioner submits that earlier this

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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 22.09.2023. He further contended

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that in the meantime the investigation has been concluded and the charge sheet has been filed. Learned counsel for the Petitioner submitted that on the allegation of commission of offence under Section 399/402 of I.P.C., the Petitioner along with some other co-accused persons were arrested by the Police on their apprehension. The co-accused Person, namely, Jaya Muduli has been released on bail by the learned Sessions Judge, Puri in B.A. No.1222 of 2023 vide order dated 16.10.2023. Similarly, another co-accused, namely, Dhadu @ Ramachandra Mohapatra has been released on bail by the learned Sessions Judge, Puri in B.A. No.1304 of 2023 on 02.11.2023. Another one, namely, Mithun Bhoi has been released on bail by the learned Sessions Judge, Puri in B.A. No.1365 of 2023 on 14.11.2023. He further contended that out of total 5 accused

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persons, four have already been released except the present Petitioner. So far the Petitioner is concerned, learned counsel submitted that although there were several antecedents in his name. However, since the charge sheet has been filed, the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner has several criminal antecedents. In the rejection order learned Sessions Judge, Puri has specifically referred the aforesaid antecedent of the Petitioner, further the Court below

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has observed that despite he is released on bail, the Petitioner has been committed in similar offences. Therefore, in the event the Petitioner is released on bail, he may indulge in similar criminal offences. Accordingly, it was prayed that the bail application 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, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.40,000/(Rupees Forty thousand) with two local solvent sureties for the like amount to the satisfaction of the learned court in seisin over the matter. Release of the Petitioner shall also be subject to following conditions:-

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

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II) shall not harass, threaten, terrorize any of the prosecution witnesses and shall not tamper with the prosecution evidence; and

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III) shall appear before the jurisdictional Police Station once in a week for a period of two months preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter once in a fortnight for another two months, thereafter once in a month till conclusion of the trial.

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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

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// 4 //

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

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The BLAPL is, accordingly, disposed of.

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( A.K. Mohapatra)

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Anil

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Judge

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 22-Mar-2024 16:12:02

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Signature Not Verified

Mitu Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mitu Rout 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

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