Disposed

Tuna @ Rana Pratap Choudhury @ Rana Pratap Choudhary v. State of Odisha

Orissa HC9 Oct 2024BLAPL/9442/2024

Case brief

AI extract

What is this about?

Bail application under section 439 CrPC in a sessions trial for offences including gang rape. Trial progressing slowly with ten of twenty-one witnesses examined; petitioner had earlier complied with two interim bail orders. Court declined bail on merits but granted three months' interim bail on conditions.

What did the court decide?

Three months' interim bail on furnishing bail bond of Rs.50,000 with two local solvent sureties of like amount, subject to conditions including timely surrender.

Tuna @ Rana Pratap Choudhury @ Rana Pratap Choudhary Vs State… — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.9442 of 2024

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Tuna @ Rana Pratap …. Petitioner Choudhury @ Rana Pratap Choudhary

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Mr.Debraj Barik, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr.Arupananda Das Addl. Government Advocate

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CORAM:

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Order No.

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JUSTICE S.K. SAHOO ORDER 09.10.2024

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with Aska P.S Case No. 02 of 2016 corresponding to Sessions Trial No. 28 of 2020 pending in the file of learned Additional Sessions Judge, Aska for offences punishable under sections 450/376-D/376(2)(n)/342/323/506/34 of the Indian Penal Code read with section 25(l-B)(a) of the Arms Act.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Aska, which was rejected on 18.03.2024.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 29.12.2019 and he has been granted interim bail twice because of delayed disposal of trial and after availing the same on each time, he surrendered at right time and therefore, the petitioner’s bail application may be favourably considered.

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Learned counsel for the State opposed the prayer for bail.

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The rejection order indicates that out of twenty one charge sheet witnesses, ten witnesses have been examined.

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Considering the submissions made by the learned counsel for the respective parties and the nature of accusation against the petitioner, while not inclining to release the petitioner on bail on m erit, but keeping in view the slow progress of trial, period of detention of the petitioner in judicial custody and the conduct of the petitioner in complying with the earlier interim bail orders, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three

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Page 2 of 3

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months period.

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For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities and he shall appear before the learned trial Court on each date on which the date would be fixed for trial during the interim bail period.

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

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Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo)

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MKRout

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Signature Not Verified

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Digitally Signed Signed by: MANOJ KUMAR ROUT Reason: Authentication Location: ORISSA HIGH COURT Date: 09-Oct-2024 14:32:57

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Tuna @ Rana Pratap Choudhury @ Rana Pratap Choudhary v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tuna @ Rana Pratap Choudhury @ Rana Pratap Choudhary v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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