Dipti Ranjan Bhujabala @ Pintu @ Tenta Vs State of Odisha

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with GR Case No.221 of 2024 arising out of Jatni P.S Case No.123/2024 pending in the Court of the learned JMFC, Jatni, Dist-Khurda for alleged commission of offence under Section 341,294,323,506 I.P.C. & U/s-27 of Arms Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 25.03.2024. He further submitted that the investigation

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has progressed substantially. Learned counsel for the petitioner further contended that the petitioner has been falsely implicated in the present case. He further contended that petitioner having some criminal antecedent. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a 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 learned court in seisin over the matter subject to the following terms and conditions:

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I) he shall not indulge in similar criminal offences;

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II) shall cooperate with investigation;

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III) shall appear before the I.O. as and when required for the purpose of investigation; and

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IV) shall appear before the Trial Court on each and

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every date fixed.

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V) shall appear before the local police station once in a fortnight for a period of two months, thereafter once in a month till conclusion of trial.

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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 is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having more than two similar criminal antecedents, this bail order shall automatically stand revoked.

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