Disposed

Amit Patra v. State of Odisha

Orissa HC19 Jul 2024BLAPL/363/2024

Case brief

AI extract

What is this about?

Regular bail application under Section 439 Cr.P.C. for offences under Sections 457/380/395 IPC. Noting prolonged custody, filing of final charge sheet, absence of T.I. parade and no recovery from the petitioner, bail was granted with bond of Rs.35,000, two local sureties, appearance conditions and automatic revocation if similar antecedents exceed three.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.35,000 with two local solvent sureties, subject to attendance conditions; bail to stand revoked if more than three similar antecedents are found.

Amit Patra Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.363 of 2024

Amit Patra

.....

Petitioner

Represented By Adv. – Mr. Mahes Das

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-versus-

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State Of Odisha

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.....

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Opposite Parties

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Represented By Adv. –

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Mr. A.P. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

19.07.2024

Order No.

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

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Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

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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 C.T. Case No.205 of 2023, arising out of K. Nuagaon P.S. Case No.67 of 2023, pending in the Court of learned S.D.J.M., Balliguda, for alleged commission of offences punishable under Sections 457/380/395 of the I.P.C

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It is stated by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since 25.11.2023. He further contended that in the meantime investigation has been concluded and final charge sheet has been filed. Learned counsel for

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Page 1 of 3.

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the Petitioner further referring to the allegation made in the F.I.R., submitted that initially the F.I.R. was lodged making allegation for commission of offence under Section 457/380 of I.P.C. However, after conclusion of investigation, a case has been turned to under Section 395 of I.P.C. Learned counsel for the Petitioner further contended that initially the F.I.R. was lodged against the unknown persons. The Petitioner has been taken on remand in the present case while he was in custody in connection with another case. Learned counsel for the Petitioner further contended that no T.I. Parade has been conducted to identify the accused persons. He further contended that nothing has been recovered from the possession of the present Petitioner. It is further submitted that although the Petitioner is having three criminal antecedents, however, he is ready and willing to abide by any terms and conditions that would be imposed by this Court in the event he is released on bail.

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Learned counsel for the State, on the other hand, submitted that there are other materials to implicate the present Petitioner in the present crime. He further submitted that the Petitioner is having similar criminal antecedents. Therefore, in the event the Petitioner is released on bail, he might indulge in similar criminal offences. On such ground, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected at this juncture.

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Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking note of the period of custodial detention and the fact that no T.I. parade has been conducted and nothing has been recovered from the possession of the present Petitioner, this Court is inclined to release the Petitioner on

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Page 2 of 3.

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bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.35,000/-(Rupees thirty five thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to the conditions that the Petitioner shall appear before the trial court on each and every date of posting of the case; and he shall also appear before the local police station once in a fortnight, preferably on ‘Sunday’ in between 10.00 A.M. to 1.00 P.M., for a period of three months. 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 the condition that the court below shall verify whether the Petitioner has any criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than three criminal antecedents of similar nature, then this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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

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( A.K. Mohapatra)

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Judge

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Signature Not Verified Debasis

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 22-Jul-2024 10:17:28

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Page 3 of 3.

Amit Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Amit Patra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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