Allowed

Ashish Kumar Mohanty v. State of Odisha

Orissa HC8 Nov 2024BLAPL/6391/2024

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the bail application of the petitioner, who was in judicial custody charged with murder. The investigation was completed upon filing the charge sheet, and the court imposed stringent conditions for release.

What did the court decide?

Bail allowed on security of Rs. 50,000 with two sureties and stringent conditions regarding conduct and court appearance.

Ashish Kumar Mohanty Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

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Signature Not Verified IN THE HIGH COURT OF ORISSA AT CUTTACK

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Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Nov-2024 17:06:37

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BLAPL No.6391 of 2024

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Ashish Kumar Mohanty

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.....

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Petitioner(s)

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Represented By Mr.P.C.Jena,Advocate

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-versus-

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State of Odisha

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.....

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Opposite Party(s) Represented By Ms.B.K.Sahu,AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

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ORDER

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Order No. 08.11.2024

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

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This bail application under Section 439 of Cr.P.C., 1973 of the petitioner arising out of G.R. Case No. 796/2024 in connection with Bhadrak Town P.S. Case No. 173/2024 pending in the court of the Learned S.D.J.M., Bhadrak is taken up into consideration.

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I have already heard from the learned counsel for the petitioner and the learned Additional Government Advocate for the state.

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The petitioner has been charge sheeted under Section 302 of the IPC, 1860 on the allegation of commission of murder of Madhusmita Nayak wife of Maheswar Nayak inside her rented house at Apartibindha, Bhadrak.

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The petitioner is in jail custody since 05.04.2024. The learned counsel for the petitioner submitted for liberal consideration of bail of the petitioner contending that, the basis of implication of the petitioner into the case is his confessional statement and the investigation of the

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Page 1 of 3

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Signature Not Verifiedcase has already been completed due to submission of the charge sheet,

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Signature Not Verifiedcase has already been completed due to submission of the charge sheet, Digitally Signed Signed by: BINAYAK SAHOO to which, the learned Additional Government Advocate for the state Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Nov-2024 17:06:37 veh emently opposed contending that, in this heinous nature of allegation alleged against him (petitioner), he should not be allowed to go on bail.

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When, the investigation of the case has already been completed and presence of the petitioner before the Investigation Officer for the purpose of any further investigation is no more required and when, there is no certainty, when, the trial of the case shall be completed, then at this juncture, by taking the above factors into account, it is felt proper to allow the petitioner to go on bail with stringent conditions looking to the future safety and security of the informant and his family members as well as the interest of the prosecution.

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Therefore, the bail application filed by the petitioner is allowed. 8. He (petitioner) is allowed to go on bail on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the case with conditions that:-

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(i) he (petitioner) shall not involve with similar nature of crime

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in future.

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(ii) he (petitioner) shall appear before the Trial Court personally on each date of adjournment of the case without fail till its conclusion.

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(iii) he (petitioner) shall not terrorize, influence, coerce or threat any witnesses of the prosecution including informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court is

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Signature Not Verifiedauthorized to cancel his bail order outrightly without seeking any Digitally Signed Signed by: BINAYAK SAHOO permission for the same from this Court.

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Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 08-Nov-2024 17:06:37 9.

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Accordingly, the bail application of the petitioner is disposed of finally.

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Grant certified copy of this order to the petitioner on proper application.

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( A.C. Behera ) Judge

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Binayak

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Ashish Kumar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ashish Kumar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

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