Dipu@ Ajit Kar@ Asit Kumar Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2415 of 2022 Dipu @ Ajit Kar @ Asit Kumar Kar ....

Petitioner Mr. S.K.Samantaray Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.4.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 31st January, 2022 in connection with Dargha Bazar P.S. Case No.13/2022 corresponding to G.R. Case No.138/2022 pending in the court of learned S.D.J.M.(S), Cuttack for the alleged commission of the offence under Section 394 of I.P.C. read with Section 25 and 27 of the Arms Act.

// 2 //

4. As it appears, the learned court below rejected the prayer for bail mainly on the ground that he is a habitual offender and has also been convicted in another case and sentenced to undergo R.I. for ten years. Obviously, the same cannot be the sole ground to reject the prayer for bail which ought to be considered on its own merit having regard to the facts and circumstances of the case.

5. Considering the submissions made, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge