Basu @ Basudev Mandal Vs State of Odisha

This is bail application U/S 483 of the BNSS by the petitioner for grant of bail in connection with Singhadwar PS Case No.102 of 2024 corresponding to G.R. Case No.865 of 2024 pending in the file of learned J.M.F.C.(Cog-I), Puri, for commission of offences punishable U/Ss.126(2)/115(2)/109/ 351(3)/3(5) of BNS, on the allegation of attacking and injuring one Buxi Ramachandra Pratihari, a senior Supervisor of Shree Jagannath Temple Administration (SJTA).

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Heard Mr. Biraja Prasad Nanda, learned counsel for the petitioner and Mr. S.K. Rout, learned Addl. Public Prosecutor in the matter and perused the record.

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It is undisputed that the petitioner has been detained in custody since 26.10.2024 and the injured has already been treated at the hospital. Further, the injured has received on his person five injuries, out of which one is grievous in nature, but none of the injuries were on the vital part of the body. In the meantime, charge sheet has already been submitted in this case and the dispute relates to selling of sweets (Rabidi) inside Ananda Bazar in the Temple of Lord Jagannath.

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In view of the aforesaid facts and circumstance and taking into consideration the rival submissions and regard being had to the pre-trial detention of the petitioner in custody with submission of charge sheet in the meanwhile and regard being had to the release of co-accused Chandan @ Suman Samantara and Another on bail in BLPAL No.11600 of 2024, this Court without expressing any view, admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds in the sum of Rs.50,000/- (Rupees Fifty Thousand) only each with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case, on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

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(iii) the petitioner shall report attendance before the jurisdictional Police Station once in every week preferably on Sunday of each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of his release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording his attendance beyond the time as stipulated.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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S. Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 16-Jan-2025 10:38:26

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Basu @ Basudev Mandal v. State of Odisha

Case brief

What is this about?

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Basu @ Basudev Mandal v. State of Odisha

Case brief

What is this about?

What did the court decide?

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