Sudarsan Balmuchu @ Ganga Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with C.T. Case N.390 of 2024, arising out of Nayapali P.S. Case No.170 of 2024, pending in the Court of learned J.M.F.C.-III, Bhubaneswar, for alleged commission of offences punishable under Sections 147/148/307/149 of the I.P.C.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner is in custody since

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28.03.2024. He further contended that the investigation has been concluded and charge sheet has been filed. Learned counsel for the Petitioner further contended that although the injured has sustained gracious injuries, however, the Petitioner had not participated in the assault. Therefore, there is no allegation of commission of offence of any overt act. He further referred to the order dated 02.08.2024 passed by a coordinate Bench of this Court in ABLAPL No.7347 of 2024 (Subhadaya Dash @ Likun @ Lipu) wherein the coordinate Bench has observed that primarily the assault is attributable to one Nitish Barik, who happens to be the principal accused, and the said co-accused has already been released on bail.

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Considering such submission, this Court is inclined to release the Petitioner on bail. 6. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/(Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. Release of the Petitioner shall also be subject to such terms and conditions as would be imposed by the Court in seisin over the matter. Violation of any of the terms and conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees five thousand) each before the 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

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

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It is further directed that the bail granted to the Petitioner is subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event it is found that the Petitioner is having more than four criminal antecedents, then this bail order shall automatically stand revoked.

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