Tulu Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.1508 OF 2021 Tulu Nayak ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr.D.R. Parida, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

02.05.2022 04.

1.

This matter is taken up by through hybrid arrangement Order No.

(virtual/physical) mode.

2.

This is the second journey of the Petitioner, who is in custody in connection with Chakapada P.S. Case No.16 of 2019 corresponding to S.T. Case No.32 of 2019 pending on the file of learned Asst. Sessions Judge, Balliguda, running for the alleged commission of offence under section-395 of the IPC, in filing this application under section 439 of the Cr.P.C., for reconsideration of the prayer for grant of bail to the Petitioner. 3.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the factum of release of co-accused persons on bail vide orders dated 01.03.2021 and 24.01.2020 passed by this Court in BLAPL No.4021 of 2020 and BLAPL No.10 of 2020, with other surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant bail to the Petitioner

// 2 // in the aforesaid case, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

1. Petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial;

2. will appear before the IIC, Chakapada P.S. on the 1st Monday of every month till conclusion of the trial;

3. will not indulge himself in commission of similar type of offence; and

4. will not directly or indirectly terrorize, threaten or try to influence the prosecution witnesses in any manner.

Violation of any of the condition(s) shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D.Dash), Judge.

Narayan