Rocky @ Swostik Bhola Vs State of Odisha

This is an application under Section 483 of B.N.S.S. filed by the Petitioner for bail in connection with Air Field P.S. Case No.203/24 corresponding to C.T.Case No.632/24, pending in the Court of the learned J.M.F.C.-I, Bhubaneswar for alleged commission of offence under Section 126(2), 115(2), 109(1) 351(4)/3(5) BNS, 2023.

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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 07.08.2024. He further contended that the

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investigation has progressed substantially in the meantime. Further, referring to the allegation made in the F.I.R., learned counsel for the petitioner submitted that the injury is sustained by the injured is simple in nature. He further contended that the petitioner does not have any criminal antecedent. He further 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 Government Advocate on the other hand contended 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 learned counsel 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.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned 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.50,000/- (Rupees Fifty thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account

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initially for a period of one year which will be 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 verification of criminal antecedent and injury report. In the event it is found by the learned court below that the Petitioner is having any criminal antecedent and the injuries sustained by the injured are grievous in nature, then this order shall automatically stand revoked.

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