Nrusingha @ Narasingha Samantray Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Nrusingha @ Narasingha Samantray Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail allowed under Section 439 CrPC on bail bond of Rs.50,000/- with two solvent sureties of like amount, subject to conditions including no fresh offence, attendance at every trial posting (non-appearance liable to Section 229A IPC proceedings), no exit from trial-court jurisdiction without permission, and fortnightly police-station attendance reporting for three months from actual release; BLAPL disposed of accordingly.

Issue for consideration

Whether the petitioner, accused of offences punishable under Sections 399/402/34 IPC r/w Section 27 of the Arms Act (Puri Town P.S. Case No.312 of 2023 / G.R. Case No.691 of 2023, S.D.J.M. Puri) and in custody since 30.08.2023, should be admitted to bail under Section 439 CrPC after submission of charge-sheet.

Court's answer

Having considered the rival submissions, the nature and gravity of the accusations, the pre-trial detention of the petitioner since 30.08.2023, the progress of investigation with submission of charge-sheet, and other circumstances including release of co-accused Chiku @ Bikash Mohanty on bail in BLAPL No. 14301 of 2023, the Court admits the petitioner to bail.

Ratio / Principle

The petitioner is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the court in seisin, subject to conditions: (i) no commission of offence while on bail; (ii) attendance before the trial court on each posting, failure without sufficient cause exposing him to prosecution under Section 229A IPC; (iii) no departure from the trial court's jurisdiction without prior permission till disposal; (iv) reporting of attendance before the jurisdictional police station once in a fortnight (preferably 2nd Sunday of each month, 10 A.M. to 12 Noon) for three months from actual release, with the I.I.C. not detaining him unnecessarily beyond the stipulated time.

Key takeaways

The court in seisin of the case is at liberty to cancel the bail without further reference to this Court if any condition is violated or a case for cancellation is otherwise made out; subsequent involvement of the petitioner in a similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.ratio¶5

Detailed headnote1 paragraphs

BAIL — Section 439 CrPC — High Court of Orissa (Justice G. Satapathy), order dt. 25.06.2024, BLAPL No. 594 of 2024: Bail allowed to Nrusingha @ Narasingha Samantrary, accused in Puri Town P.S. Case No.312 of 2023 / G.R. Case No.691 of 2023 (S.D.J.M., Puri) for offences punishable under Sections 399/402/34 IPC r/w Section 27 of the Arms Act (alleged assembly armed with deadly weapons in Cashew jungle near Chakrakote Lane to commit dacoity). Grant rested on nature and gravity of accusations weighed with pre-trial custody since 30.08.2023, submission of charge-sheet, and parity with co-accused Chiku @ Bikash Mohanty released on bail in BLAPL No. 14301 of 2023. Conditional bail: bond of Rs.50,000 with two solvent sureties of like amount; conditions — no offence while on bail, attendance on each posting (default punishable u/s.229A IPC), no exit from trial-court jurisdiction without prior permission, and fortnight attendance reporting before jurisdictional police station (preferably 2nd Sunday, 10 A.M.-12 Noon) for three months from actual release; seisin court free to cancel bail on violation or on subsequent similar involvement.