Babula Bagh @ Horijan 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.

¶20

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail relating to Boipariguda P.S. Case No.134 of 2024, corresponding to G.R. Case No.612 of 2024, pending before the learned S.D.J.M., Jeypore, for alleged commission of offence punishable under Section 395 of the IPC.

¶21

Learned counsel for the Petitioner is submitted that although the Petitioner is having two criminal antecedents, however, out of the aforesaid two criminal antecedents, one antecedent is involving

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offence under Section 506 of I.P.C. and the other criminal antecedent is involving offence under OPG Act. Learned counsel for the Petitioner further contended that since the Petitioner belongs to locality, there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on any terms and condition which the Petitioner undertakes to abide by while on bail. He further submitted that all the co-accused persons have been released on bail in the meantime.

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Learned counsel for the State, on the other hand, contended that the allegations made in the FIR are serious in nature. It was further contended that the Petitioner has several criminal antecedents. Therefore, in the event the Petitioner is released on bail, there is every likelihood that he might abscond from justice which might lead to delay in conclusion of trial. Learned counsel for the State opposed the release of the Petitioner in view of the nature and seriousness of allegation made against the Petitioner. Therefore, he submitted that the prayer for bail of the Petitioner be rejected at this juncture.

¶25

Having heard the learned counsels appearing for the respective parties and on a careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail.

¶26

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the

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matter.

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The release of the Petitioner shall also be subject to the following conditions:-

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i) He shall appear before the trial court on each and every date fixed without fail; and

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ii) He shall appear before the concerned Police Station once in a fortnight, preferably on 'Sunday’ in between 10.00 A.M to 1.00 PM, for a period of three months, thereafter once in a month till conclusion of the trial.

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Violation of any of the conditions shall entail cancellation of bail.

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It is further directed that the bail granted to the Petitioner is subject to depositing a cash security of Rs.5,000/- (Rupees Five Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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The BLAPL is, accordingly, disposed of.

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( Aditya Kumar Mohapatra ) Judge

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Debasis Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 04-Jan-2025 17:34:51

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Babula Bagh @ Horijan v. State of Odisha

Case brief

What is this about?

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Babula Bagh @ Horijan v. State of Odisha

Case brief

What is this about?

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