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Orissa High CourtBLAPL/1796/2021disposed off

Budhia @ Kamalakanta Das v. State Of Odisha

2022-06-29Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1796 OF 2021 Budhia @ Kamalakanta Das ............

Petitioner Ms. Dali Rani Behuray), Adv.

-versusState of Odisha ............

Opposite Party Mr.K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

29.06.2022 Order No.

09.

1.

This matter is taken up through Hybrid Mode.

2.

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

3.

The Petitioner is an accused in connection with C.T. Case No.872 of 2020 arising out of Khaira P.S. Case No. 243 of 2020 on the file of learned JMFC, Soro, registered for the alleged commission of offence under Sections 395 of the I.P.C. and Sections 25/27 of the Arms Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Assistant Sessions Judge, Soro, by order dated 23.02.2021, the present BLAPL has been filed.

5.

Taking note of submission of the learned counsel for the petitioner that the co-accused similarly circumstanced has been

released on bail by this Court by order dated 23.04.2021 in BLAPL No. 2491 of 2021 and by order dated 19.08.2021 in BLAPL No. 4973 of 2021, this Court directs that the petitioner shall be released on bail. The learned Court in seisin over the matter shall fix the terms.

6.

Additionally, it is directed that the petitioner shall appear before the jurisdictional Police Station once on every Wednesday between 10.00A.M. to 2.00 P.M. till the conclusion of the trial. 7.

Violation of condition of such appearance shall entail cancellation of bail by the learned court in seisin over the matter after following the due process of law without any further reference to this Court.

8.

Accordingly, the BLAPL stands disposed of.

9.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal