BABLU NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard Mr. B. Panda, learned counsel appearing for the petitioner through the Virtual High Court, Sambalpur and Mr. Priyabrata Tripathy, learned Additional Sanding Counsel for the State.

(2.) This is an application under Sec. 439 Cr.P.C. in connection with Dhanupali P.S. Case No.508 of 2020 corresponding to Sessions Trial Case No.66/03 of 2021-22 pending in the file of learned 1st Additional Sessions Judge, Sambalpur for alleged commission of offences under Sec. 147/148/302/307/149 of Indian Penal Code. The prayer for bail of the petitioner has been rejected by the learned 1st Additional Sessions Judge, Sambalpur vide order dtd. 13/2/2024. Learned counsel for the petitioner submitted that the petitioner was earlier released on bail but due to non-taking of steps, non-bailable warrant of arrest was issued against him on 22/12/2022 and he was taken into judicial custody on 7/1/2024 and since then he is in custody. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.

(3.) Learned counsel for the State opposed the prayer for bail. Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date when the case would be posted for trial. Violation of any of the terms and conditions fixed shall entail cancellation of bail.