Allowed

Bijaya Kumar Deuria v. State of Odisha

Orissa HC20 Jan 2025BLAPL/9583/2024

Case brief

AI extract

What is this about?

Regular bail application for robbery and Arms Act offences involving chain snatching with blank firing and extortion demand. Court granted bail citing detention since April 2024, charge sheet submission, no TI parade against unknown-accused FIR, co-accused's earlier release, and the bail-is-the-rule principle.

What did the court decide?

Petitioner admitted to bail on bonds of Rs.50,000 with two solvent sureties, subject to conditions including fortnight police attendance for six months.

Bijaya Kumar Deuria Vs State of Odisha — Bail and Remand | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9583 of 2024

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Bijaya Kumar Deuria

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… Petitioner

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Mr. S.S. Ray(2), Advocate

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-versus-

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State of Odisha

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… Opposite Party

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Mr. A.K. Apat, Addl. PP Ms. D. Lenka, Advocate(informant)

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CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

02.

20.01.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kinjirikela P.S. Case No.102 of 2024 corresponding to S.T. Case No.133 of 2024 pending in the file of learned S.D.J.M., Sundargarh, for commission of offences punishable U/Ss.120-B/395 of the IPC and Section 25(1-B)(a)/25(6)/27 of the Arms Act, on the allegation of snatching away the chain of the wife of the informant by blank firing and demanding a sum of Rs.10,00,000/-(Rupees Ten Lakhs) from the informant.

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Heard, Mr. Sidhartha Sankar Ray-2, learned counsel for the petitioner, Mr. A.K. Apat, learned Addl. Public Prosecutor and Ms. D. Lenka, learned

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counsel for the informant in the matter and perused the record.

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After having considered the rival submissions and on going through the materials placed on record including the fact that FIR is lodged against unknown persons and no TI parade being conducted in this case and taking into account the pre-trial detention of the petitioner in custody since 15.04.2024 with submission of charge sheet in the meanwhile and last but not the least, following the well-recognized principle of “bail is the rule, but jail is the exception” and release of co-accused Sujan Pradhan on bail in BLAPL No. 7995 of 2024, this Court without expressing any view on merits, 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 of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each 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 Petitioner fails without sufficient cause to

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appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and,

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(iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2^nd 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 petitioner 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. 7. Issue urgent certified copy of the order as per Rules.

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Signature Not Verified

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(G. Satapathy) Judge

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 21-Jan-2025 19:02:07 Priyajit

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Bijaya Kumar Deuria v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijaya Kumar Deuria v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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