GYANA MALLICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD Shri A. Swain for the petitioner and learned Addl. Standing Counsel for the opp. party. - -

(2.) THE petitioner Gyana Mallick who is facing trial on the charge of Section 302/34, IPC in S.T. Case No. 7/326 of 1992 (G.R. Case No. 1845/ 92) pending in the Court of Second Addl. Sessions Judge, Bhubaneswar filed this application under Section 439, Cr.P.C. for bail. As the order of the learned Addl. Sessions Judge reveals, the main ground on which the Court declined to release the petitioner on bail was that it had come to light during investigation that the petitioner was the helper of the truck in question who assaulted the deceased Babula. The incident took place in course of altercation between the driver and the helper of the truck and the conductor of the Canter bus ( the deceased).

(3.) ON consideration of the matter, I am inclined to grant the petitioner's prayer for bail subject to certain conditions. Accordingly it is ordered that the petitioner shall be released on bail of Rs. 15,000/ - with two sureties each for the i.e. amount to the satisfaction of the learned Second Addl. Sessions Judge, Bhubaneswar subject to the further conditions that he shall personally appear in Court on each date on which the case is posted and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. The Criminal Misc. Case is disposed of.