Ajay @ Ajit Naik @ Aji v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 465 OF 2021 Ajay @Ajit Naik @ Aji .........

Petitioner Mr. Jyotirmaya Sahoo, Advocate -versusState of Odisha ............

Opposite Party Mr. D. Mund, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

21.04.2022 Order No.

03.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with G.R. Case No. 516 of 2020 corresponding to Baghamari P.S. Case No. 43 of 2020, pending on the file of the learned S.D.J.M., Khurda for the alleged commission of offence under Sections-458/395 of the IPC, read with Section-9(B) of I.E. Act. and the petitioner is in custody on being remanded on 23.06.2020.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Khurda by Order dtd. 23.12.2020 in BLAPL No. 655 of 2020, the present BLAPL has been filed.

4.

Heard Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. D.Mund, learned Additional Government Advocate for the State.

5.

Learned counsel for the petitioner states that, the petitioner was remanded to custody since 26.03.2021 and the manner in which the accusation has been made, no case under Section 376(2) (n), prima facie is made out against the petitioner. 6.

Considering the submissions made, the materials on record, the period of detention already undergone and the fact that several co-accused persons have already been released on bail as per orders passed by this Court in BLAPL No. 5988 of 2020, BLAPL No. 7825 of 2020, BLAPL No. 6949 of 2021 and BLAPL No. 1987 of 2022, this Court is inclined to allow the prayer for bail.

7.

Let the petitioner be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter including the additional stipulation that, the petitioner shall appear in person before the learned Trial Court on each date of posting of the case without fail.

8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge