Nibas@ Chandan Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1964 of 2022 Nibas @ Chandan Nayak ....

Petitioner Mr. S. Mohanty, Advocate - Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

28.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 28.12.2021 in connection with Nayapalli P.S. Case No.460 of 2021 corresponding to C.T. No.5475 of 2021, now the case has been committed to the Court of Sessions corresponding to C.T. Case No. 42 of 2022, pending in the Court of for the alleged commission of offence under Sections 394/397/34 of IPC.

4.

Considering the fact that the allegedly stolen mobile has been recovered that too from the possession of the co-accused and not the petitioner, I am inclined to allow the prayer for bail and more so taking into account the period of detention in custody and the fact of submission of charge sheet. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition

that he shall personally appear before the trial Court on each date of posting of the case without fail.

5.

BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana