Bhawani Sankar Panda Vs State of Odisha

Heard learned counsel appearing for the Petitioners 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 C.T. Case No.161 of 2024, arising out of Kalampur P.S. Case No.52 of 2024, pending in the Court of learned J.M.F.C., Jaipatna, for alleged commission of offences punishable under Sections 420/468/471/34 of the I.P.C.

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It is submitted by the learned counsel for the Petitioners that earlier this matter was not before any other Bench of this

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Court. He further submitted that the Petitioners are in custody since 10.04.2024. He further submitted that investigation has substantially progressed in the meantime. Further referring to the allegation made in the F.I.R., learned counsel for the Petitioners submitted that the Petitioner is a Headmaster of a school and he has been falsely implicated in the present case. It was also contended that the Petitioner belongs to the locality, therefore, there is no chance of his absconding. He further contended that although the Petitioner is having couple of antecedent, however, the same is not in similar nature. On such ground, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and conditions which he shall abide by while on bail.

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Learned Additional Standing Counsel appearing for the State-Opposite Party, on the other hand, opposed the release of the Petitioner on bail on the ground that investigation is still on. He further contended that in the event the Petitioner is released on bail at this juncture, the same would cause delay in filing of the charge sheet as well as the same also would cause delay in disposal of the trial. Therefore, it is 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 considering the seriousness and gravity of the allegation, this Court is

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inclined to release the Petitioners on 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.25,000/-(Rupees twenty 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 such other terms and conditions as would be fixed by the Court in seisin over the matter. Violation of any terms and conditions shall entail cancellation of bail.

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