Babulu Jena v. State of Odisha
Case brief
What is this about?
Orissa High Court, Cuttack — BLAPL No.808 of 2024, order dated 06.05.2024, single bench of Hon'ble Mr. Justice Aditya Kumar Mohapatra. Regular bail application under Section 439 Cr.P.C. by Babulu Jena, Bapina Perai, Sidhanta Behera and Banti Jena in C.T. Case No.326 of 2023 / Kalinganagar (Duburi) P.S. Case No.135 of 2023 (J.M.F.C., Sukinda) for offences under Sections 457, 395 IPC read with Section 25/27 Arms Act. Bail granted: F.I.R. lodged against unknown accused, no T.I. parade conducted despite charge sheet dated 22.03.2024, custody since 25.07.2023; bond Rs.35,000 with two sureties; fortnightly police-station appearance for Petitioner Nos.1-2 for three months; antecedent-verification conditions. State opposed citing gravity of allegations and recoveries under Section 27 Evidence Act. Advocates: Arijeet Mishra for Petitioners; P.C. Das, ASC for State.
What did the court decide?
Regular bail granted to all four Petitioners in C.T. Case No.326 of 2023, each on furnishing a bail bond of Rs.35,000/- with two local solvent sureties each for the like amount, subject to conditions: (i) Petitioner Nos.1 and 2 to appear before the concerned Police Station once a fortnight (preferably Sunday, 10.00 A.M.-1.00 P.M.) for three months; (ii) court below to verify criminal antecedents, with the order inoperative for Petitioner Nos.1 and 2 if more than three antecedents each and for Petitioner No.3 if more than one; (iii) court in seisin free to impose further conditions.