Sk. Babu @ Baren Babu @ Ajrat Ali v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2 of 2022 Sk. Babu@Baren Babu@Ajrat Ali ....

Petitioner Mr. S.R. Rout, Advocate -versusState of Orissa ....

Opposite Party Mr. A. Rath, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

31.01.2022 Order No.

01.

1. This matter is taken up through video conferencing.

2. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.294/507/387/34/120-B/400, I.P.C.

3. Heard Mr. S.R. Rout, learned counsel for the Petitioner as well as Mr. A. Rath, learned A.S.C. for the State-Opposite Party.

4. It is submitted that the Petitioner is inside custody since 23.8.2021 and in the meantime investigation has been completed. It is further submitted that the co-accused persons including the principal accused Md. Sakil, have already been released on bail in the meantime.

5. Mr. A. Rath, learned A.S.C. for the State-Opposite Party submits that this Petitioner has 17 nos. of criminal antecedents as reflected in the rejection order and he is a habitual offender.

6. However, considering the period of detention of the Petitioner inside custody and the fact of completion of investigation as well as released of co-accused persons on bail, it is directed to release the Petitioner on bail in connection with Darghabazar P.S. Case No.117/2019 corresponding to G.R. Case No.1989/2019 on such terms and conditions to be fixed by the learned S.D.J.M.(S), Cuttack as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall appear before the IIC, Darghabazar P.S. once in each week till completion of trial. It is made clear that violation of any of the conditions as fixed by this Court or by the court below shall entail cancellation of his bail.

7. The BLAPL is accordingly disposed of.

8. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office Order circulated vide Memo No.514, dated 7th January, 2022.

( B.P. Routray) Judge B.K. Barik