Santosh Kumar Bisoyi @ Mantu Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

Santosh Kumar Bisoyi @ Mantu (In BLAPL No.222 of 2024) Gostha Chandra Padhi (In BLAPL No.225 of 2024) Srikanta Kumar @ Srikant Panda (In BLAPL No.232 of 2024) Nishikanta Nayak and others (In BLAPL No.233 of 2024) Chidananda Swain (In BLAPL No.261 of 2024) … Petitioners Mr. B. Senpati, Advocate(in all the BLAPLs) -versus- State of Orissa … Opposite Party Mrs. S. Patnaik, AGA CORAM: JUSTICE G. SATAPATHY ORDER Order No. 07.03.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Since these five bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are bail applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Kodala P.S. Case No.502 of 2023 arising out of G.R. Case No.414 of 2023 pending in the file of learned J.M.F.C., Kodala, for commission of offences punishable under Sections 471/ 472/ 467/ 468/ 379/ 120-B/ 409/ 420/ 34

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of IPC, on the allegation of illegally lifting sand in a Truck being Registration No.OD-32-H-5879 and, thereby, committing theft of sand along with co-accused persons in furtherance of their common intention.

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Heard, Mr. B. Senapati, learned counsel for the petitioners and Mrs. S. Patnaik, learned AGA in the present matter and perused the record. 5. After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioners, as also the accusations sought to be brought against them and keeping in view the mandate of law laid down by Apex Court in Satendra Kumar Antil Vrs. Central Bureau of Investigation; (2021) 10 SCC 773 and regard being had to the pre trial detention of the petitioners in custody since, 28.10.2023 in BLAPL No.222 of 2024, 19.10.2023 in BLAPL No.225 of 2024, 28.10.2023 in BLAPL No.232 of 2024, 15.11.2023 in BLAPL No.233 of 2024 and 01.12.2023 in BLAPL No.261 of 2024 as well as the progress of investigation and release of coaccused Biswanath Patra and Krupasindhu Muduli on bail in BLAPL Nos.14032 and 14255 of 2023, this Court admits the petitioners to bail.

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Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each with two solvent sureties for the like amount to the satisfaction of the learned Court in

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seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law and

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(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay.

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(iv) the petitioners shall report attendance before the IO once in a week preferably on Sunday in between 10 AM to 12 Noon till submission of charge-sheet

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The IO shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the bail application Nos.222, 225, 232, 233 and 261 of 2024 stand disposed of.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy)

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Judge

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Kishore

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Signature Not Verified

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 08-Mar-2024 13:40:00

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Santosh Kumar Bisoyi @ Mantu v. State of Odisha

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Santosh Kumar Bisoyi @ Mantu v. State of Odisha

Case brief

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