SANTOSHINI MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner prays for cancellation of bail under Sec. 439(2) of the Cr.P.C granted to Opposite Party No.2 Niranjan Behera @ Subash Behera and Opposite Party No.3 Jisu Swain @ Bisu Swain as per order dtd. 6/8/2020 of this Court in BLAPL No.980 of 2020 in connection with G.R. Case No. 220 of 2019 arising out of Fategarh P.S Case No.177 of 2019 pending in the court of learned J.M.F.C., Bhapur for alleged commission of offences under Ss. 341/323/324/326/307/506/34 of the IPC and Ss. 25/27 of the Arms Act.

(2.) It is submitted on behalf of the Petitioner that, Opposite Parties No. 2 and 3 have violated the terms and conditions of the bail order granted by this Court. Opposite Party No.2 has also been involved in several cases after being released on bail vide Fategarh P.S Case No.164 of 2020 dtd. 19/9/2020, Badambadi P.S Case No.249 of 2020 dtd. 24/11/2020 and Fategarh P.S Case No.141 of 2021 dtd. 6/8/2021. It is also submitted that Opposite Party No.2 is not appearing before the I.O. weekly, for which the I.O. has prayed before the JMFC, Bhapur for cancellation of bail.

(3.) The law on cancellation of bail is no more res integra. In the case of Deepak Yadav v. State of U.P and Another, 2022 SCC OnLine SC 672, the Supreme Court have laid down grounds upon which bail can be cancelled under Sec. 439(2) of the Cr.P.C. The relevant part of the judgment is as follows:-