BINOD KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned senior counsel for the petitioner and learned counsel for the State.

(2.) This is an application under Sec. 439 of Cr.P.C. in connection with Plantsite P.S. Case No.166 of 2020 corresponding to S.T. Case No.66 of 2021 pending in the Court of learned 1st Additional Sessions Judge, Rourkela for offences punishable under Sec. 147/148/149/302/120-B of the Indian Penal Code read with Sec. 25 and 27 of the Arms Act. Learned Senior Advocate for the petitioner submitted that the petitioner earlier approached this Court for bail in BLAPL No.431 of 2021 and as per order dtd. 17/2/2021 taking into account the statements of the eye witnesses namely Roshan Yadav and Rakesh Srivastav, the bail application was rejected and liberty was granted to the petitioner to renew the prayer for bail after examination of the eye witnesses in the trial Court. In the meantime, Rakesh Srivastav has been examined in the trial Court as P.W.3 and the prosecution has declined to examine the eye witness Roshan Yadav. Learned counsel further submitted that since the petitioner is in judicial custody since 12/6/2020 and at this stage, there is no chance of tampering with the evidence and there is no criminal antecedent against the petitioner, the bail application of the petitioner may be favourably re-considered. The status report has been submitted by the learned trial Court, which indicates that out of 41 charge sheet witnesses, 10 witnesses have been examined and Rakesh Srivastav has been examined as P.W.3 and Roshan Yadav has been declined to be examined by the prosecution.

(3.) Learned counsel for the State opposed the prayer for bail, however on verification of the case record, submitted that there is no criminal antecedent against the petitioner. Considering the submissions made by the learned counsel for the parties, the change in the circumstances after rejection of the earlier bail application of the petitioner, the period of detention of the petitioner in judicial custody, slow progress of the trial and since the petitioner is having no criminal antecedent, I am inclined to re-consider the prayer for bail and direct the petitioner to be released on bail. 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 Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.