Rabinarayan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3289 of 2022 Rabinarayan Behera ....

Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

01.08.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in C.T. Case No.985 of 2021, on the files of learned JMFC, Soro in the District of Balasore, arising out of Soro P.S. Case No.465 of 2021, under Sections 457/380 of IPC and is in custody since 19.01.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Court of OPID, Balasore, by order dated 04.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the State on instructions submits that in the meanwhile charge sheet has been filed. Keeping the investigation open under Section 173(8) Cr.P.C. It is further

submitted that taking into account the criminal antecedents of the petitioner, he is not entitled to any relief. 6.

Learned counsel for the petitioner submits that in the meanwhile other co-accused persons similarly circumstanced have been released on bail by the Court in seisin over the matter. 7.

Taking note of filing of charge sheet and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional Police Station twice in every week till the conclusion of trial. Certification of such appearance shall be sent to the Court in seisin over the matter and violation thereof shall entail the cancelation.

9.

Accordingly, the BLAPL stands disposed of.

10.

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