Amit Kumar Bhoi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Amit Kumar Bhoi Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted to petitioner No.1 (Amit Kumar Bhoi) under Section 439 Cr.P.C., 1973 on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, subject to stringent conditions: (i) no involvement in similar crimes in future; (ii) personal appearance before the Trial Court on each date of adjournment; (iii) appearance before the I.I.C., Bolangir Town P.S. on the 2nd and last Sunday of each month till end of June, 2025; (iv) no terrorizing, coercing, influencing or threatening of prosecution witnesses including the informant and his family members, with authority conferred on the court in seisin to cancel the bail outright on any violation without reference to this Court. Certified copy to be provided on proper application. The bail application of petitioner No.2 (Dhanu @ Sahadeb Bag) was dismissed as not pressed.

Issue for consideration

Whether petitioner No.1 (Amit Kumar Bhoi), in custody since 24.05.2024 and charge-sheeted under Sections 147, 148, 452, 323, 307, 427, 397, 294, 506 & 149 IPC, 1860 for robbery and attempted murder, should be granted bail under Section 439 Cr.P.C., 1973 notwithstanding his seven similar criminal antecedents, in view of completion of investigation and his considerable period of detention.

Court's answer

Taking into account the nature of the allegations against the petitioner, his considerable period of detention, and the completion of the investigation of the case while he was in custody, the petitioner is required to be allowed to go on bail with stringent conditions.

Ratio / Principle

The bail application filed by the petitioner (No.1) is allowed.

Key takeaways

Petitioner No.1 is to be released on bail on furnishing a bail bond of Rs.50,000/- with two solvent sureties each for the like amount, to the satisfaction of the court in seisin, subject to stringent conditions including: non-involvement in similar crimes; personal appearance before the Trial Court on each date of adjournment; reporting before the I.I.C., Bolangir Town P.S. on the 2nd and last Sunday of each month till end of June, 2025; and abstention from terrorizing, coercing, influencing or threatening prosecution witnesses including the informant and his family members.ratio¶23
Upon the petitioner's failure to comply with any of the imposed bail conditions, the Court in seisin over the matter is authorised to cancel his bail outright without seeking any permission from this Court.ratio¶27

Detailed headnote1 paragraphs

CRIMINAL LAW — BAIL — Section 439, Cr.P.C., 1973 — Antecedents versus completed investigation and prolonged detention. Orissa High Court (Cuttack), BLAPL No.7126 of 2024, order dated 21.11.2024 (Justice Ananda Chandra Behera): Petitioner No.1 Amit Kumar Bhoi, charge-sheeted on 18.09.2024 under Sections 147, 148, 452, 323, 307, 427, 397, 294, 506 & 149 IPC, 1860 in Bolangir Town P.S. Case No.268 of 2024 / G.R. Case No.726 of 2024 (S.D.J.M., Bolangir) on allegations of robbery and attempted murder of the informant, and in jail custody since 24.05.2024, was granted bail because the investigation had been completed during his detention; weighing the nature of allegations, his considerable detention period and completion of investigation, the Court held bail 'required' with stringent conditions. Bail bond fixed at Rs.50,000/- with two solvent sureties of like amount; conditions include non-involvement in similar crimes, personal appearance before the Trial Court on every adjournment, periodic reporting to the I.I.C., Bolangir Town P.S. (2nd and last Sunday monthly till end of June, 2025), and no intimidation of witnesses; the trial court was expressly empowered to cancel the bail outright on any violation without seeking this Court's permission. The State's objection based on seven similar criminal antecedents did not prevail. Petitioner No.2 Dhanu @ Sahadeb Bag's application was dismissed as not pressed.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7126 of 2024

1) Amit Kumar Bhoi ..... Petitioners

Dhanu @ Sahadeb Bag Represented By Adv. - Lalit Sahu

-versus-

State Of Odisha ..... Opposite Party Represented By Adv. –

B.K. Sahu, AGA

CORAM:

THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

21.11.2024

Order No.

1. This matter is taken up through hybrid mode.

As per the submissions of learned counsel for the petitioners, the bail application of the petitioner No.2 is dismissed as not pressed. Hence, the bail application of petitioner No.1 is taken up into consideration.

This bail application under Section 439 of the Cr.P.C., 1973 of the petitioner has arisen out of Bolangir Town P.S. CaseNo.268 of 2024 corresponding to G.R. Case No.726 of 2024 pending in the Court of the learned S.D.J.M, Bolangir.

Page 1 of 4.

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

The petitioner has been charge-sheeted on dated 18.09.2024 under Sections 147, 148, 452, 323, 307, 427, 397, 294, 506 & 149 of the IPC, 1860 on the allegations of commission of robbery and attempting to commit murder of the informant. The petitioner is in jail custody since 24.05.2024 after being brought on remand from Bolangir Town P.S. Case No.268 of 2024 and since then, he is in custody.

Learned counsel for the petitioner submitted for liberal consideration of bail of the petitioner contending that, the investigation of the case has already been completed and he shall appear before the Trial Court on each date of adjournment and shall be abide by any condition, if imposed by the Court for his release, to which, learned Additional Government Advocate objected contending that, there are 7 criminal antecedents of the petitioner in the similar nature of allegation, for which, he should not be allowed to go on bail.

As during the staying of the petitioner inside the jail, the investigation of the case has already been completed, for which, by taking the nature of allegation alleged against the petitioner, his considerable period of detention and completion of investigation of the case

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into account, the petitioner is required to be allowed to go on bail with stringent conditions.

Therefore, the bail application filed by the petitioner is allowed.

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

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

(ii) he shall appear before the Trial Court personally in each date of adjournment of the case without fail;

(iii) he shall appear before I.I.C., Bolangir Town P.S. in the 2^nd and last Sunday of each month till end of June, 2025.

(iv) he shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case, but in case of their failure to comply any of the aforesaid conditions, the Court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

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Accordingly, the bail application of the petitioner is disposed of finally with a copy to the IIC, Bolangir Town P.S. for his information and report before the Court in seisin over the matter, in case of violation of any of the conditions by the petitioner.

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

( ANANDA CHANDRA BEHERA) Judge

Utkalika

Signature Not Verified

Digitally Signed Signed by: UTKALIKA NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Nov-2024 18:20:08

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