IMPORTANT POINTS
Bail – Accused can be enlarged on bail on the ground of parity.

ORDER

This matter is taken up Through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party and the learned counsel for the Informant. Perused the materials placed before this Court.

3. The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with C.T. Case No.526 of 2024, arising out of Infocity P.S. Case No.142 of 2024, pending in the Court of learned J.M.F.C.-II, Bhubaneswar for alleged commission of offence punishable under Sections 294, 323, 324, 341, 307, 506, 379, 34 of I.P.C. read with Section 25 of Arms Act.

4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 26.12.2024. He further contended that the investigation has progressed substantially in the meantime. Further referring to the injury report, a certified copy which was filed in Court today, learned counsel for the Petitioner submitted that although the injured has sustained six injuries, however, all the injuries are simple in nature. He further contended that though the Petitioner is having several criminal antecedents, however, he is ready and willing to abide by any terms and conditions that would be imposed by this Court in the event of his release on bail. He further submitted that he belongs to the locality, therefore, there is no chance of absconding.

5. Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the Petitioner is having several criminal antecedents. He further submitted that the investigation is still on, therefore, in the event the Petitioner is released on bail, the same would cause delay in conclusion of the investigation as well as filing of the charge sheet. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

6. Learned counsel for the informant on the other hand objected to the release of the Petitioner on bail on the ground of gravity and seriousness of the allegation. He further submitted that the Petitioner is a known local goon and he has been terrorising in the locality. He further submitted that the Petitioner is having 8 criminal antecedents out of which in 4 to 5 cases are under Section 307 of I.P.C. Learned counsel for the Informant further contended that in the event the Petitioner is released on bail, there is every likelihood that he might abscond or he might threaten and gain over the prosecution witnesses which would ultimately affect the outcome of the trial. Therefore, on such ground, learned counsel for the Informant submitted that the bail application of the Petitioner be rejected at this juncture.

7. Having heard learned counsels for the respective parties and on careful consideration of the surrounding facts as well as materials on record, further taking into consideration the gravity and serious of the allegation and the injury sustained, further keeping in view the fact that some of the co-accused persons, who stand in a similar footing to the present petitioner, have been enlarged on bail, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

8. Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.35,000/- (Rupees Thirty Five thousand) with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

9. The release of the Petitioner shall also be subject to the following conditions:-

I. shall not indulge in similar type of offences while on bail;

II. shall cooperate with the investigation and appear before the Investigating Officer as and when his pres