BLAPL/7423/2016 of MUNA@MANOJ KU.UPADHYAYA Vs STATE OF ORISSA on 23 December 2016

Arguments

Heard learned counsel for the petitioner and the learned Additional Standing Counsel for the State on the application under section 439 Cr. P.C. for release of the petitioner on bail who allegedly involved for the offence under Sections 395/397 of IPC read with Sections 25 and 27 of Arms Act.

Learned counsel for the petitioner submits that the petitioner was on bail but due to ill health he could not appear in Court in the year 2013 for which non-bailable warrant was issued. He further submits that he will abide by any condition if he is granted bail, for which lenient view may be taken to release the petitioner on bail on any condition as deemed just and proper. Learned Addl. Standing Counsel opposes the prayer for bail.

Considering the submissions of learned counsel for the respective parties, regard being had to the facts and circumstances of the case including the fact that the petitioner was on bail but due to ill health he could not appear, lenient view is taken to release the petitioner on bail and fact that the petitioner being a local person there is no chance of his absconding or influencing the witnesses, let the petitioner be released on bail on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Sessions Judge, Jajpur in C.T. Case No.275 of 2015 with the conditions that (i) The petitioner shall appear personally before the court in seisin over the matter on each date of posting; (ii) he shall not tamper with the prosecution witnesses directly or indirectly; and (iii) he shall not commit any offence while on bail.

Violation of any of the aforesaid terms shall entail cancellation of the bail. Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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Dr.D.P.Choudhury, J.