Chandan@Dibyajyoti Chand Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Chandan@Dibyajyoti Chand Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail in Balasore Town P.S. Case No.169 of 2024 / C.T.Case No.435 of 2024 upon bail bond of Rs.30,000/- with two local solvent sureties each for the like amount; release subject to court-fixed conditions (no threatening, influencing or harassing of the informant and her family; appearance before the I.O. as required and before the trial court on every fixed date; violation entails cancellation) and subject to verification of criminal antecedents of similar nature, failing which the bail order will not take effect; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether the Petitioner, in jail custody since 03.05.2024 in connection with Balasore Town P.S. Case No.169 of 2024 / C.T.Case No.435 of 2024 (S.D.J.M., Balasore) for alleged offences under Sections 341, 354-B and 509 IPC, should be granted bail under Section 439 of the Code of Criminal Procedure. +1 more

Court's answer

Considering the surrounding facts, materials on record and the custodial detention of the Petitioner, the Court grants bail: the Petitioner is to be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- with two local solvent sureties each for the like amount, to the satisfaction of the learned court in seisin over the matter.

Ratio / Principle

Release is subject to terms and conditions fixed by the learned court in seisin, including a condition that the Petitioner shall not threaten, influence or harass the informant and her family members in any manner, shall appear before the I.O. as and when required for investigation, and shall appear before the trial court on each and every date fixed; violation of any term or condition shall entail cancellation of bail.

Key takeaways

The bail granted is additionally subject to verification by the court in seisin of criminal antecedents of similar nature; if such antecedents are found, this bail order shall not be given effect to.ratio¶23

Detailed headnote1 paragraphs

Bail Granted - BLAPL No.4834 of 2024, High Court of Orissa at Cuttack (Justice Aditya Kumar Mohapatra, 17.05.2024): Chandan@dibyajyoti Chand v. State of Odisha. Bail sought under Section 439 CrPC for alleged offences under Sections 341, 354-B and 509 IPC in Balasore Town P.S. Case No.169 of 2024, corresponding to C.T.Case No.435 of 2024 pending before the S.D.J.M., Balasore. Petitioner in custody since 03.05.2024; investigation substantially progressed with charge sheet expected shortly; one prior criminal antecedent under Section 498-A IPC disclosed. Considering custodial detention and materials on record, the Court granted bail on a bail bond of Rs.30,000/- with two local solvent sureties each for the like amount, subject to court-fixed conditions (non-threatening/non-harassment of the informant and her family members, appearance before the I.O. as and when required and before the trial court on each date fixed, violation entailing cancellation), and additionally subject to verification of criminal antecedents of similar nature by the trial court - if found, the bail order shall not be given effect to. BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4834 of 2024

Chandan@dibyajyoti Chand

.....

Petitioner

Represented By Adv. - Amulya Ratna Panda

-versus-

State Of Odisha ..... Opposite Parties

Represented By Adv. – Mr.M.K.Mohanty, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No. 17.05.2024

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

Heard learned counsel for the Petitioners 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 Petitioners for bail in connection with Balalsore Town P.S. Case No.169 of 2024 corresponding to C.T.Case No.435 of 2024 pending in the Court of the learned S.D.J.M., Balasore for alleged commission of offence under Sections 341, 354-B, 509 of the Indian Penal Code.

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

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by the learned counsel for the Petitioner that the Petitioner is in jail custody since 03.05.2024. He also submitted that the investigation has been progressed substantially in the meantime and the Charge Sheet is likely to be filed shortly. Further referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the Petitioner has been falsely implicated in the present case. Learned counsel for the Petitioner also submitted that no case is made out against the Petitioner. It is also submitted by the learned counsel for the Petitioner that since the Petitioner belongs to the locality, there is no chance of his absconding. He also submitted that the Petitioner is having one criminal antecedent involving the offence under section 498-A of the Indian Penal Code.

Learned Additional Standing Counsel for the State on the other hand objected to the release of the Petitioner on bail on the ground that the investigation is still on. Learned Additional Standing Counsel submitted that in the event the Petitoner is released on bail, there is every possibility of his absconding which would cause delay in conclusion of investigation as well as trial. On such ground, learned counsel for the State submitted that the prayer for bail of the Petitioner be rejected.

Having heard learned counsels for the respective parties as well as considering the surrounding facts as well as the materials on record and further taking into consideration the custodial detention of the Petitioner, this Court is inclined to grant bail to the Petitioner and it is directed that let the Petitioner be released on bail in the aforesaid case on furnishing a 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

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matter. Release of the Petitioner shall be subject to such terms and conditions that would be fixed by the learned court in seisin over the matter. Release of the Petitioner shall be subject to the condition to be fixed by the learned court in seisin over the matter that the Petitioner shall impose such a condition that the Petitioner shall not threatene influence or harass the informant and her family members in any manner whatsoever and shall appear before the I.O. as and when required for the purpose of investigation and shall appear before the trial court on each and every date fixed. Violation of any of the terms and conditions shall entail cancellation of bail.

It is also directed that the bail granted to the Ptitioners is subject to the verification of criminal antecedents of similar nature by the court in seisin over the matter. In the event it is found that the Petitioners have any criminal antecedents of similar nature, this bail order shall not be given effect to.

8. The BLAPL is, accordingly, disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra) Judge

RKS

Signature Not Verified

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 17-May-2024 17:59:37

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