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Orissa High CourtBLAPL/1902/2022disposed off

Arif Khan v. State Of Odisha

2022-05-13Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1902 of 2022 Arif Khan ....

Petitioner Mr.R.K. Routray, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.05.2022 I.A. No. 429 of 2022 & BLAPL No. 1902 of 2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

I.A. No. 429 of 2022 has been filed for grant of interim bail on the ground of ailment of the petitioner. BLAPL No. 1902 of 2022 has been filed for grant of bail under section 439 of Cr.P.C. in connection with Chauliaganj P.S. Case No.27 of 2016 corresponding to S.T. Case No. 35 of 2018 pending in the Court of learned Sessions Judge, Cuttack for offences punishable under sections 387, 120-B/34 of the Indian

// 2 // Penal Code and sections 25(1-B) and 25(1-AA) and 27 of the Arms Act.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Cuttack vide order dated 05.10.2021.

Learned counsel for the State has produced the written instruction received from the Inspector incharge of Chauliaganj police station from which it appears that the mother of the petitioner is in good health and moving freely in the locality and the father of the petitioner is also in good health and is taking care of his wife. It is further stated that in case the petitioner is released on bail, he will threaten the witnesses not to depose against Dhal Samant brothers as he is their henchman and he is a hardcore criminal having number of antecedents. The written instruction is taken on record.

In view of such report, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail stands rejected.

BLAPL as well as I.A. is accordingly disposed of. ( S.K. Sahoo) Judge PKSahoo