Santanu Barik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Santanu Barik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of the Petitioner on bail in S.T.Case No.25 of 2022 (Boudh P.S. Case No.51 of 2022) upon furnishing a fresh bail bond of Rs.30,000/- with two local solvent sureties each for the like amount, subject to the terms and conditions fixed by the learned court in seisin over the matter; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether the Petitioner, taken into custody on 02.04.2024 upon execution of an N.B.W. issued on 12.12.2022, should be released on bail in connection with Boudh P.S. Case No.51 of 2022 / S.T.Case No.25 of 2022 (offences under Sections 498-A, 294, 323, 307, 506 IPC).

Court's answer

Having heard learned counsels for the parties and examined the records and surrounding facts and circumstances, the Court was inclined to release the Petitioner on bail, directing his release in the aforesaid case upon furnishing a fresh bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount, to the satisfaction of the learned court in seisin over the matter.

Ratio / Principle

The release of the Petitioner is subject to the terms and conditions to be fixed by the learned court in seisin over the matter; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail application (BLAPL No.4160 of 2024) under Section 439 CrPC by Santanu Barik before the High Court of Orissa at Cuttack in respect of Boudh P.S. Case No.51 of 2022 corresponding to S.T.Case No.25 of 2022, pending before the learned Assistant Sessions Judge-cum-Women Judge, Boudh, for alleged offences under Sections 498-A, 294, 323, 307, 506 IPC. The Petitioner had earlier been released on bail vide order dated 06.05.2022; on 12.12.2022, as lawyers were observing cease work and nobody represented him when the matter was called out, the trial Court issued an N.B.W., on whose execution he was taken into custody on 02.04.2024. By order dated 02.05.2024, A.K. Mohapatra, J., disposed of the BLAPL directing release of the Petitioner on bail on a fresh bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount, to the satisfaction of the court in seisin, the release being subject to conditions fixed by that court, violation of which shall entail cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4160 of 2024

Santanu Barik

..... Petitioner

Represented By Adv. - Preetam Mishra

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.A.P.Das, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

02.05.2024

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the materials placed before this Court.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Boudh P.S.Case No.51 of 2022 corresponding to S.T.Case No.25 of 2022 pending in the Court of the learned Assistant Sessions Judgecum-Women Judge, Boudh for alleged commission of offence under Sections 498-A,294, 323,307,506 of the Indian Penal Code.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted

Page 1 of 3.

by the learned counsel for the Petitioner that initially the Petitioner was released on bail by the learned court below vide order dated 06.05.2022. Thereafter the case was proceeded. It is further contended by the learned counsel for the Petitioner that on 12.12.2022 since the lawyers were observing cease work, nobody represented the Petitioner when the matter was called out. Therefore the learned trial Court issued N.B.W. against the Petitioner on 12.12.2022. On execution of N.B.W. the Petitioner has been taken to custody on 02.04.2024.

Learned counsel for the Petitioner further contended that since the Petitioner belongs to the locality, there is no chance of his absconding. In the event the Petitioner is released on bail, he is ready and willing to abide by the terms and conditions that may be imposed by this Hon’ble Court.

Learned Additional Standing Counsel on the other hand contended that in the event the Petitioner is released on bail, stringent conditions be imposed whereby the Petitioner shall appear before the trial court on each and every date without fail and shall cooperate with the trial without fail and shall cooperate with the early conclusion of trial.

Having heard learned counsels for the parties, on careful examination of the records as well as surrounding facts and circumstances of the case as well as the materials on record, this Court is inclined to release the Petitioner on bail. Accordingly, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a fresh bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to

Page 2 of 3.

RKS

the satisfaction of the learned court in seisin over the matter. Further, the release of the Petitioner is subject to the terms and conditions that would be fixed by the learned court in seisin over the matter. Violation of the condition shall entail cancellation of bail.

The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge

Signature Not Verified Page 3 of 3.

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 06-May-2024 12:46:43