Disposed

Manmohan Padhan v. State of Odisha

Orissa HC6 Sept 2024BLAPL/8417/2024

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS in a bank robbery attempt case where the petitioner allegedly used a toy pistol to rob Rs.1 lakh and was caught with the amount recovered. Considering period of detention and investigation progress, the court released him on bail with conditions.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.35,000 with two local solvent sureties, subject to conditions.

Manmohan Padhan Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8417 of 2024

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Manmohan Padhan

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.....

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Petitioner

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Represented By Adv. - Bhabani Shankar Dasparida

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – P.C.Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

06.09.2024

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

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State.

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This is an application under Section 483 of B.N.S.S. filed by the Petitioner for bail in connection with Bolangir Town P.S. case No.485/2024 which corresponding to G.R. case No.1329 of 2024 pending in the Court of the learned S.D.J.M., Bolangir for alleged commission of offence under Section 309(4) of the Bharatiya Nyaya Sanhita (BNS), 2023 r/w Sec 28 of the Arms Act.

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Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 04.07.2024. He further contended that in the meantime

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Page 1 of 3.

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the investigation has progressed substantially. Learned counsel for the petitioner, further referring to the allegation made in the F.I.R., submitted that as per the F.I.R. allegation the petitioner entered into the private Finance Bank and by showing a toy pistol tried to rob the bank of a sum of Rs.1 lakh. However, he was nabbed by the bank employees and the sum of Rs.1lakh has been recovered from the petitioner. He further contended that the petitioner does not have any criminal antecedent. Additionally, it was submitted that no case is made out against the present petitioner. He also contended that the petitioner belongs to the locality therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

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Learned Additional Standing Counsel on the other hand objected to the release of the petitioner on bail on the ground that the allegation made in the F.I.R. are grave and serious in nature. He further submitted that the investigation is still on. He opposed the bail application of the Petitioner on the ground that in the event the Petitioner is released on bail, there is a possibility that he might indulge in similar criminal offences. Accordingly, it was prayed that the bail application of the Petitioner be rejected at this juncture.

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Having heard the learned counsels for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the period of detention, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two local solvent sureties each for the like amount to the

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Page 2 of 3.

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satisfaction of the learned court in seisin over the matter subject to the following terms and conditions:

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I) he shall not indulge in similar criminal offences;

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II) shall cooperate with investigation;

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III) shall appear before the I.O. as and when required for the purpose of investigation; and

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IV) shall appear before the Trial Court on each and every date fixed.

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V) shall appear before the local police station once in a fortnight for a period of four months.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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( A.K. Mohapatra )

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Judge

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Rubi

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Signature Not Verified

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Page 3 of 3.

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Sep-2024 11:20:30

Manmohan Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Manmohan Padhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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