Banamali Behera@Bana v. State of Odisha

Orissa HC1 Jul 2024BLAPL/6361/2024

Case brief

AI extract

What is this about?

Orissa High Court single-judge bail order granting release under S.439 CrPC in BLAPL No.6361 of 2024 (decided 01.07.2024); offences under IPC Ss.143, 147, 148, 149, 294, 323, 336, 341, 354, 354-B, 457, 506; FIR Rambha P.S. Case No.667 of 2023, G.R. Case No.1770 of 2023, J.M.F.C. Khallikote; bail bond Rs.25,000 with two local solvent sureties; cash security Rs.3,000; condition on similar criminal antecedents with automatic revocation; co-accused already on bail; custody since 04.05.2024.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs.25,000/- with two local solvent sureties for the like amount, subject to deposit of Rs.3,000/- cash security and an automatic-revocation condition relating to similar criminal antecedents. ¶¶28

Banamali Behera@Bana Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

¶¶28

Issue for consideration

Whether the Petitioner, in custody in connection with Rambha P.S. Case No.667 of 2023 (G.R. Case No.1770 of 2023), should be released on bail under Section 439 CrPC.

¶¶17

Court's answer

Taking into consideration the period of detention and materials on record, the Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.25,000/- with two local solvent sureties each for the like amount; violation of terms shall entail cancellation of bail.

¶¶22

Ratio / Principle

Bail is made subject to depositing a cash security of Rs.3,000/- before the court in seisin, to be kept in a Nationalized bank in an interest-bearing account initially for one year, renewable till conclusion of trial, and abide by the final outcome of trial.

¶¶24

Key takeaways

Bail is further conditional on the court below verifying whether the Petitioner has criminal antecedents of similar nature; if more than one similar antecedent is found, the bail order shall automatically stand revoked.ratio¶¶27

Detailed headnote1 paragraphs

Criminal Bail Application (BLAPL No.6361 of 2024) under Section 439 CrPC before the High Court of Orissa at Cuttack (A.K. Mohapatra, J.), arising from Rambha P.S. Case No.667 of 2023 / G.R. Case No.1770 of 2023 pending before the learned J.M.F.C., Khallikote, for alleged offences under Sections 143, 147, 148, 149, 294, 323, 336, 341, 354, 354-B, 457 and 506 IPC. Petitioner in custody since 04.05.2024; counsel noted some co-accused had been released on bail. Court allowed bail on furnishing a bail bond of Rs.25,000/- with two local solvent sureties for the like amount, subject to (i) deposit of Rs.3,000/- as cash security kept in a Nationalized bank in interest-bearing account initially for one year, renewable till trial concludes; and (ii) verification by the court below of similar criminal antecedents, with automatic revocation of the bail order if more than one similar antecedent is found. BLAPL disposed of.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6361 of 2024

¶2

Banamali Behera@bana

¶3

..... Petitioner

¶4

Represented By Adv. -

¶5

Sarat Kumar Jena

¶6

-versus-

¶7

State Of Odisha

¶8

..... Opposite Party

¶9

Represented By Adv. – M.K.Mohanty, A.S.C.

¶10

CORAM:

¶11

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

01.07.2024

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

¶16

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

¶17

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Rambha P.S.Case No.667 of 2023 corresponding to G.R.Case No.1770 of 2023 pending in the Court of the learned J.M.F.C., Khallikote for alleged commission of offence under Section 143,147,148,149,294,323,336,341, 354,354-B,457,506 of I.P.C.

¶18

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 04.05.2024. Learned counsel for the petitioner further submitted that some of other co-accused persons have been released on bail in the meantime. He further contended that the petitioner was

¶19

Page 1 of 3.

¶20

not present at the spot of occurrence. However, he has been falsely implicated in the present case. He further contended that the petitioner belongs to the locality, therefore there is no chance of absconding. He further contended that the petitioner is having one 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.

¶21

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.

¶22

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.

¶23

Violation of any of the terms and conditions shall entail cancellation of bail.

¶24

It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.3,000/- (Rupees Three thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time

¶25

Page 2 of 3.

¶26

to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

¶27

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 one similar criminal antecedent, this bail order shall automatically stand revoked.

¶28