Dipu Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3870 of 2022 Dipu Behera and others ....

Petitioners Mr. P.S. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioners for bail in connection with Angul P.S. Case No.212 of 2022, corresponding to G.R. Case No.370 of 2022, pending in the file of learned J.M.F.C., Banarpal, for commission of alleged offence under Section 394 of I.P.C. 4.

Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.

5.

Learned counsel for the Petitioners submits that Petitioners are languishing in jail custody since the date of their arrest, i.e. 13.04.2022. It is further submitted that Petitioners have been falsely implicated in the case and they have no

// 2 // criminal antecedents. It is also submitted that Petitioners are ready to abide by any terms and conditions as fixed by this Hon'ble Court in the event of bail.

7.

Learned counsel for the State vehemently objects the prayer for bail of the Petitioners on the ground that they are involved in serious offences. Therefore, no leniency should be shown to the Petitioners. Accordingly, he prays for rejection of his bail application.

8.

Having regard to the facts and circumstances of the case, considering the nature and gravity of offences alleged and the period of detention of the Petitioners, this Court is inclined to release the Petitioner No.1 on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) each with one solvent surety each for the like amount to the satisfaction of the learned court in seisin of the matter subject to the terms and conditions as deem fit and proper by the trial court subject to further condition that they will appear before the I.O. once in a fortnight preferably on Sunday from 10 AM to 1 PM.

9.

With the above direction, the BLAPL is accordingly allowed.

10.

Issue urgent certified copy of this order on proper application.

(A.K. Mohapatra) Judge U.K.Sahoo

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