Allowed

Biswajit Das @ Bitu v. State of Odisha

Orissa HC19 Dec 2024BLAPL/7766/2024

Case brief

AI extract

What is this about?

The High Court allowed the bail application of petitioners accused of theft under Sections 457/380/34 IPC. The court considered the nature of the offence, pre-trial detention since June 2024, and the release of a co-accused. Bail was granted subject to conditions including bond furnishing and regular police reporting.

What did the court decide?

Bail granted on furnishing bail bonds of Rs.25,000/- each with two solvent sureties, subject to conditions including fortnightly police reporting.

Biswajit Das @ Bitu Vs State of Odisha — Bail and Remand | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7766 of 2024

¶2

Biswajit Das @ Bitu and … Petitioners another

¶3

Mr. S. Biswal, Advocate

¶4

-versus-

¶5

State of Odisha

¶6

… Opposite Party Mr. B.P. Nayak, APP

¶7

CORAM: JUSTICE G. SATAPATHY

¶8

ORDER(ORAL) 19.12.2024

¶9

Order No.

¶10

03.

¶11

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

¶12

This is a bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Badagada PS Case No.234 of 2024 corresponding to CT Case No.425 of 2024 pending in the file of learned JMFC-IV, Bhubaneswar, for commission of offences punishable under Sections 457/380/34 of IPC, on the allegation of committing theft in the house of the informant by taking away 29 Grams of golden ornaments and cash of Rs.7,300/-.

¶13

Heard, Mr. Sambit Biswal, learned counsel for the petitioners and Mr. B.P. Nayak, learned Additional Public Prosecutor in the present matter and perused the record. The bail application of the petitioners was resisted to by the learned Additional Public Prosecutor on the ground of criminal antecedents of the petitioners.

¶14

Page 1 of 3

¶15

After having considered the rival submissions and taking into account the nature and gravity of the offence as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 18.06.2024 with submission of charge-sheet in the meanwhile and the mode and manner of implication of the present petitioner in this case and taking into account the fact that the FIR has been lodged against unknown persons and following the well-recognized principle of “bail is the rule, but jail is the exception” and keeping in view release of co-accused Subhakanta Behera @ Kajal on bail in BLAPL No.8302 of 2024, this Court without expressing any opinion on merits of the case admits the petitioners to bail.

¶16

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) each with two solvent sureties 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:-

¶17

(i) the petitioners shall not commit any offence while on bail,

¶18

(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed

¶19

Page 2 of 3

¶20

against the Petitioners for offence U/S.229-A of IPC in accordance with law,

¶21

(iii) the petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating their present address of stay and

¶22

(iv) the petitioners 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 their release from the custody.

¶23

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

¶24

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners 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, the subsequent involvement of the petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

¶25

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

¶26

(G. Satapathy) Judge

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: SUBHASMITA DAS Subhasmita Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 20-Dec-2024 10:55:37

¶29

Page 3 of 3

Biswajit Das @ Bitu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biswajit Das @ Bitu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Manager Legal, M/S. Icici Lombard G.I.Co. Ltd. Vs Manguli Jena

Khage @ Khageswar Bharasagaria Vs State of Odisha

Kisan Bagh Vs State of Odisha

Md. Kamal Vs State of Odisha

Sanjit Beck Vs State of Odisha

Biswajit Kalas @ Biswojit Kalas Vs State of Odisha