Dharmendra Nayak @ Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Dharmendra Nayak @ Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release of the petitioners on bail in connection with G.R. Case No.38 of 2024 arising out of Jharigaon P.S. Case No.39 of 2024, on furnishing bail bonds of Rs.50,000/- each with one solvent surety for the like amount each to the satisfaction of the learned J.M.F.C., Umerkote (or the court in seisin), subject to verification of their antecedents by the learned court below and to conditions including abstention from similar criminal activities while on bail and fortnightly reporting to the I.O. (preferably on Sunday between 10.00 a.m. to 1.00 p.m.) for at least four months.

Issue for consideration

Whether the petitioners should be released on bail under Section 439 Cr.P.C. in connection with G.R. Case No.38 of 2024 arising out of Jharigaon P.S. Case No.39 of 2024 pending before the learned JMFC, Umerkote. +1 more

Court's answer

The petition under Section 439 Cr.P.C. is allowed and the petitioners are directed to be released on bail in connection with G.R. Case No.38 of 2024 arising out of Jharigaon P.S. Case No.39 of 2024, on furnishing bail bonds of Rs.50,000/- (rupees fifty thousand) each with one solvent surety for the like amount each, to the satisfaction of the learned J.M.F.C., Umerkote or the court in seisin over the matter.

Ratio / Principle

Bail is granted applying parity with co-accused Buti @ Bhuban Harijan, on similar terms and conditions as allowed to him in BLAPL No. 9432 of 2024, subject to verification of the petitioners' antecedent claims (two cases each and the alleged recoveries) by the learned court below.

Key takeaways

Conditions imposed: the petitioners shall not involve themselves in similar criminal activities while on bail and shall report to the I.O. concerned once in a fortnight, preferably on Sunday between 10.00 a.m. to 1.00 p.m., continuing for at least four months; the learned court below shall impose such other suitable conditions as deemed necessary, and release remains subject to the directed verification.ratio¶21

Detailed headnote1 paragraphs

Regular bail under S.439 Cr.P.C. (BLAPL) - Petitioners Dharmendra Nayak @ Harijan & others sought enlargement in G.R. Case No.38 of 2024 arising out of Jharigaon P.S. Case No.39 of 2024 (JMFC, Umerkote) - Parity claimed with co-accused Buti @ Bhuban Harijan, already granted bail in BLAPL No. 9432 of 2024 - State objected alleging dacoity and pointing to recoveries of Rs. 25,000/- and Rs. 9,000/- and two pending cases against each petitioner - Held: petitioners to be enlarged on bail applying parity, on similar terms and conditions as the co-accused, subject to verification of the antecedent claims by the learned court below - Bail bonds of Rs.50,000/- each with one solvent surety - Conditions: no involvement in similar criminal activities while on bail; fortnightly reporting to the I.O., preferably on Sunday between 10.00 a.m. to 1.00 p.m., for at least four months - Petition allowed.