Mamata Swain Vs State of Odisha

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.1181 of 2023, arising out of Angul P.S. Case No.411 of 2023, pending in the Court of learned S.D.J.M., Angul for alleged commission of offence punishable under Sections 406, 420 & 34 of IPC.

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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 27.09.2023. He further contended that investigation has been concluded

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and final charge sheet has been filed in the meantime. Learned counsel for the Petitioner further referring to the allegations made in the F.I.R., submitted that the Petitioner has been implicated in the false case registered at the instance of the informant. He further contended that the petitioner does not have any criminal antecedent. In course of his argument, learned counsel for the Petitioner submitted that the coaccused, Priyanka Swain, has been enlarged on bail in the meantime. He further contended that the petitioner belongs to the locality, therefore, there is no chance of absconding. He further submitted that in the event she is released on bail, he shall abide by any terms and conditions that would be imposed by this Court.

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Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground of seriousness and gravity of the allegations. He further contended that in the event the Petitioner is released on bail, she might abscond which would cause delay in conclusion of the trial. Therefore, on such ground, learned counsel for the State submitted 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, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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It is open for the Court in seisin over the matter to impose any

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Anil

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other conditions as may be deemed just and proper. Violation of any other conditions shall entail cancellation of the bail application.

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It is further directed that the bail granted to the Petitioner be subject to the condition that the court below shall verify the criminal antecedent of the Petitioner. In the event the Petitioner is having any criminal antecedent, this bail order shall automatically stand revoked.

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The BLAPL is, accordingly, disposed of.

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Judge

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Signature Not Verified Page 3 of 3.

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 24-Sep-2024 12:01:29

Mamata Swain v. State of Odisha

Case brief

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Mamata Swain v. State of Odisha

Case brief

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