Lalu@Biswambar Tahani Vs State of Odisha

This is a bail application U/S.483 of BNSS, 2023 by the Petitioners for grant of bail in connection with Khariar P.S. Case No. 98 of 2024 corresponding to S.T. Case No.56 of 2024 pending in the file of learned Sessions Judge, Nuapada for commission of offences punishable U/Ss 341/323/449/302/34 of IPC, on the allegation of committing murder of the deceased along with co-accused persons in furtherance of their common intention.

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Heard, Mr. Manas Kumar Chand, learned counsel for the Petitioners and Mr. B.P. Nayak, learned Additional Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions and taking into account the nature and gravity of offence as alleged against the Petitioners vis-à-vis the

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accusations sought to be brought against them and regard being had to their pre trial detention in custody since 12.03.2024 and the progress of trial and taking into account the evidence of witnesses already examined in this case, as also following the well recognized principle, “bail is the rule, but jail is the exception” and keeping in view the release of coaccused Khage @ Khageswar Bharasagaria and another on bail in BLAPL No.8474 of 2024, this Court without expressing any opinion on merits of the case admits the Petitioners to bail.

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Hence, the bail application of the Petitioners stands allowed and they are allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety 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 petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are 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 petitioners shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the

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case by intimating their present address of stay,

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(iv) the petitioners shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

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The I.I.C. of Jurisdictional Police Station shall not detain the Petitioners unnecessarily after recording their 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 Petitioners 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 Petitioners in future for 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

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Rules.

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Priyajit Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Jan-2025 10:54:34

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Lalu@Biswambar Tahani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Lalu@Biswambar Tahani v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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