Jitendra Barik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Jitendra Barik Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted under Section 439 CrPC on furnishing bail bonds of Rs.25,000/- with two solvent sureties for the like amount, subject to the imposed conditions; the BLAPL stands disposed of.

Issue for consideration

Whether the Petitioner, charge-sheeted for the offence punishable under Section 306 IPC on the allegation of abetting commission of suicide, should be admitted to bail under Section 439 CrPC.

Court's answer

Without expressing any opinion on the merits of the case, the Court admitted the Petitioner to bail after considering the rival submissions, the nature and gravity of the offence alleged, the accusations sought to be brought against him, his pre-trial detention since 13.03.2024, the materials placed on record, and the Doctor's post-mortem opinion as to the cause of death.

Ratio / Principle

The bail application of the Petitioner stands allowed; he is permitted to go on bail on furnishing bail bonds of Rs.25,000/- 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 it deems fit and proper, subject to the conditions imposed.

Key takeaways

Bail conditions imposed: (i) the Petitioner shall not commit any offence while on bail; (ii) he shall attend the trial Court on each date of posting, failing which without sufficient cause the trial Court may proceed against him for offence under Section 229-A IPC; (iii) he shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case, intimating his present address of stay; and (iv) he shall report attendance before the Jurisdictional Police Station once in a fortnight for three months from actual release, and the I.I.C. shall not detain him unnecessarily beyond the stipulated time.ratio¶26
The Court in seisin of the case is at liberty to cancel the bail without further reference to this Court if any of the conditions are violated or a case for cancellation of bail is otherwise made out; subsequent involvement of the Petitioner in future grave/similar offences on prima facie accusations may be treated as a ground for cancellation of bail.ratio¶30

Detailed headnote1 paragraphs

Bail - Section 439 CrPC - Abetment of suicide - Section 306 IPC - High Court of Orissa admitted the charge-sheeted accused to bail in connection with Baipariguda P.S. Case No. 73 of 2024 / G.R. Case No. 317 of 2024 (SDJM, Jeypore) without expressing any opinion on merits, having regard to the nature and gravity of the accusation, pre-trial detention since 13.03.2024, the materials on record and the post-mortem opinion on cause of death; bail fixed at Rs.25,000/- with two solvent sureties, conditioned on abstention from fresh offences, attendance on every trial date (with Section 229-A IPC consequence for unexplained absence), restraint from leaving the trial Court's territorial jurisdiction without permission, and fortnightly reporting at the jurisdictional police station for three months from release; trial Court empowered to cancel bail for violation of conditions or subsequent involvement in grave/similar offences.