Akula @ Akula Chandra Sethi Vs State of Odisha

1 . The petitioner is an accused in connection with Tarasing P.S. Case No.405 of 2024 corresponding to G.R. Case No.794 of 2024 registered for the alleged commission of the offences punishable under Sections 109(1)/ 115(2)/ 118(2)/ 126(2)/ 296/ 3(5)/ 351(3)/74 of the BNS, 2023 r/w Section 25(1)(a) of the Arms Act, 1959, pending in the Court of the learned J.M.F.C., Jagannath Prasad. The petitioner had approached the learned Additional Sessions Judge, Bhanjanagar in Bail Application No.96 of 2025 praying for grant of bail. The learned Court below vide its order dated 02.04.2025 rejected the bail

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application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

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2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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3. The prosecution case is that on 25.12.2024, the complainant lodged written report at the P.S. alleging that at 12.20 P.M., one person of her village had died. So, his Ekadasaha feast was held in her village. At that time, the present petitioner along with others together came with a khanda towards her house and threatened her to kill and abused in obscene language. When she protested, they dragged her saree and assaulted her. Hence, the F.I.R.

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4. After the investigation, the charge sheet has been filed in the present case on 22.03.2025. From the charge sheet, it is found that the injury sustained by the victim is simple in nature.

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5. However, the learned trial Court rejected the bail application of the petitioner vide order dated 02.04.2025, taking into consideration the criminal antecedent of the petitioner. The brother of the petitioner has filed an affidavit today, inter alia ,

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stating that the petitioner is involved in five cases. All the accused persons are on bail except the present petitioner.

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6. Regard being had to the fact that the injury sustained by the victim is simple in nature, and the fact that the petitioner has been in custody since 27.12.2024, I am inclined to enlarge accusedPetitioner on bail.

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7. Hence, the Petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

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(1) The petitioner shall appear before the Ld. Trial Court on each date of hearing. He shall also appear before the I.I.C., Tarasing Police Station on every fortnight at least for a period of six months diligently without fail ;

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(2) He shall not influence any of the witnesses related to this case in any manner whatsoever; and

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(3) He shall not commit any offence while on bail.

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(4) In future, if he further involves in any criminal activities, the concession of bail

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shall be withdrawn.

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In the event, the petitioner is found to be wanted for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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8. The BLAPL is accordingly disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 12-May-2025 10:13:40

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Akula @ Akula Chandra Sethi v. State of Odisha

Case brief

What is this about?

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Akula @ Akula Chandra Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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