BISHAL BAGH @ BAG v. STATE OF ODISHA
Court: High Court of Orissa
Bench: MR. JUSTICE R.K.PATTANAIK
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-12-06. BISHAL BAGH @ BAG v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9766 of 2024 Bishal Bagh @ Bag …. Petitioner Mr. P. K. Nanda, Advocate -Versus- State of Odisha …. Opposite Party Mr. P. K. Mohanty, ASC CORAM: MR. JUSTICE R. K. PATTANAIK ORDER 06. 12. 2024 1. Heard Mr. Nanda, learned counsel for the petitioner and Mr. Mohanty, learned ASC for the State. 2. Instant petition under Section 439 Cr. P. C is filed for release of the petitioner on bail in connection with C. T. Case No. 418 of 2024 pending in the file of learned J. M. F. C. (Cog. ), Jharsuguda corresponding to Brajarajnagar P. S. Case No. 105 of 2024 on the grounds stated therein. 3. Mr. Nanda, learned counsel for the petitioner submits that the accused, who assaulted the injured, is already on bail by the order of the learned Court below as at Annexure-5.
It is submitted that chargesheet is already filed, a copy of which is at Annexure-4 and the petitioner is in custody from the date of his arrest and hence, he should be allowed to go on bail. 4. Mr. Mohanty, learned ASC for the State, on the other hand, opposed the release of the petitioner. 5. Perused the FIR as at Annexure-1. As per injury report, this Court finds that the injuries are stitched wounds on the face of the injured and no opinion has been expressed as to whether the injuries are grievous or not. The chargesheet filed in the month of September, 2024. From Annexure-5, this Court finds that the co-accused, namely, Chandan Singh, who said to have assaulted has been released on bail. Recording the objection of learned ASC for the State and the fact that the investigation is closed and chargesheet is filed in the meantime, this Court is of the view that the petitioner, th who is in custody since 26 August, 2024, should be released on bail subject to following conditions. 6.
Hence, it is ordered. 7. In the result, petition under Section 439 Cr. P. C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with C. T. Case No. 418 of 2024 corresponding to Brajarajnagar P. S. Case No. 105 of 2024 subject to him furnishing a bail bond of Rs. 30,000/-(Rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of learned J. M. F. C. (Cog. ), Jharsuguda, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not pick up any quarrel with the injured and influence any other material witnesses in any manner, whatsoever, while on bail. 8. BLAPL stands disposed of. 9. Issue urgent certified copy as per rules. (R. K. Pattanaik) Judge Alok Signature Not Verified Digitally Signed Signed by: ALOK RANJAN SETHY Designation: Asst.
Registrar-Cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 07-Dec-2024 17:33:37 Page 2 of 2
Source: High Court of Orissa. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.