Lala Amrut Sagar Ray Vs State of Odisha

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.1591 of 2020 arising out of Lalbag P.S. Case No.321 of 2020 pending in the Court of learned Assistant Sessions Judge -cum- C.J.M., Cuttack for the offences punishable under sections 420/406/409/ 467/468/471/120-B/34 of the Indian Penal Code.

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The petitioner moved an application for bail before

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the Court of learned 2^nd Additional Sessions Judge, Cuttack, which was rejected on 16.03.2023.

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Learned counsel for the petitioner submitted that the petitioner was taken into judicial custody on 25.11.2020 and he is now availing the interim bail as per the order of the Hon’ble Supreme Court dated 11.10.2023, which was extended from time to time. Learned counsel further submitted that some of the coaccused persons, namely, Satyam Pradhan and Lalit Kumar Soni have been released on bail by the Hon’ble Supreme Court and co-accused Saroj Kumar Prusty has been granted bail by this Court and he has filed the copies of the bail orders of the co-accused persons with a memo, which are taken on record. Learned counsel further submitted that the accusations are almost identical in nature and in the trial Court, out of twenty one charge sheet witnesses, only six witnesses have been examined and the offences are triable by Magistrate and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the written instruction received from the A.C.P., Zone-III, Cuttack UPD regarding the role played by the petitioner and the evidence available against him.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of detention

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of the petitioner in judicial custody, the progress of the trial so far, release of the co-accused persons on bail and since the offences are triable by Magistrate, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial, he shall not try to tamper with the prosecution evidence and he shall not indulge in any criminal activities in any manner.

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

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( S.K. Sahoo)

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Judge

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RKM