Tofan@ Saroj Kumar Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2557 of 2022 Tofan @ Saroj Kumar Lenka ....

Petitioner Mr. S.K.Pattnaik, Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

30.6.2022.

03.

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 7th January, 2022 in connection with Harichandanpur P.S. Case No.3/2022 corresponding to S.T. Case No.14/48/2022 (G.R. Case No.27/2022) pending in the court of learned Asst. Sessions Judge-cum-C.J.M., Keonjhar for the alleged commission of the offence under Section 395 of I.P.C. and Sections 25 and 27 of the Arms Act.

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4. It is alleged that five persons forcibly entered into the house of the informant and by impersonating as Police officials, committed docoity by taking away cash of Rs.10,000/- and some gold and silver ornaments. It is submitted that nothing was seized from the possession of the Petitioner and that he has been implicated in the case on the basis of the statement of the co-accused. Further, no T.I., parade has also been conducted.

5. Considering the submissions as above, the materials on record, the period of detention in custody and the fact the charge sheet has already been submitted, I am inclined to allow the prayer for bail.

6. 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 personally before the court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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