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Orissa High CourtABLAPL/4023/2022disposed off

Suvendu Kumar Nayak @ Aju v. State Of Odisha

2022-05-18Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4023 of 2022 Suvendu Kumar Nayak @ Aju ....

Petitioner Mr. P.K. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC Mr. B.K. Behera, Advocate CORAM: JUSTICE V. NARASINGH

ORDER

18.05.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.227 of 2022 arising out of Tumusingha P.S. Case No.75 of 2022 pending in the Court of learned S.D.J.M. Kamakhya Nagar for commission of offence punishable under Sections 341/294/323/448 & 506 of the IPC.

4.

It is submitted by the learned counsel for the informant that notwithstanding that the informant is a handicapped person. The petitioner is threatening him with their consequences on being released on bail.

5.

Taking note of the same and keeping in view, the law laid down by the Apex Court in the Case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273, it is directed that on surrendering within three weeks hence and moving for bail, the petitioner shall be released on bail by the learned Court in seisin over the matter on such terms as deemed just and proper. 6.

While fixing the terms, the learned Court taking into account the threat perception as stated by the learned counsel for the informant shall impose conditions instill a sense confidence in the informant.

7.

Accordingly, the ABLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi