Shiba Kumbhar Vs State of Odisha

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Burla P.S. Case No.565 of 2022 corresponding to S.T. Case No.66/41 of 2023 (G.R. Case No.4546 of 2022) pending in the file of learned Additional Sessions Judge (LR & LTV), Sambalpur for commission of offences punishable U/Ss.302/201/34 of IPC, on the allegation of committing murder of the deceased namely Rama Chandra Meher along with co-accused persons.

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Heard, Mr. H.K. Babu, learned counsel for the petitioner and Mr. S. Nayak, learned ASC in the matter and perused the record. It is apprised by learned counsel for the petitioner that no bail application of the petitioner is pending before any other forum except this. 4. It is, however, by taking this Court through the certified copy of depositions of PWs.1 to 7 in ST Case

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No.66/41 of 2023, out of which the present bail application arises, learned counsel for the petitioner submits that the bail application of the present petitioner deserves consideration not only on merit, but also on principle of parity since co-accused Ajay Kumar Banchhor @ Bulu has already been granted bail in BLAPL No.2240 of 2024.

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On the contrary, Mr. S. Nayak, learned ASC, however, strongly opposes the bail application of the petitioner.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner, so also the accusations sought to be brought against him and regard being had to the pretrial detention of the petitioner in custody with examination of seven witnesses who have turned hostile and last but not the least, taking into account the main allegation of assault being directed against co-accused Ricky Nag, Sunny Kumbhar, Kamal Sindhire and Tulu Banchor, who are not seeking bail in this case and taking into account release of co-accused namely Bishal Kumbhar and Ajay Kumar Banchhor @ Bulu on bail in BLAPL Nos.21 and 2240 of 2024, this Court without expressing any opinion on the merits of the case, admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty

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Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail and

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and

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(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2^nd Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid,

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the subsequent involvement of the petitioner in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 9. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy)

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Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Jul-2024 15:17:17

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Shiba Kumbhar v. State of Odisha

Case brief

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Shiba Kumbhar v. State of Odisha

Case brief

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