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Orissa High CourtBLAPL/4243/2022allowed

Sanjay Malik @ Mallick v. State Of Odisha

2022-08-01Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4243 of 2022 Sanjay Malik@Mallick ....

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

Opposite Party Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

01.08.2022 Order No.

02.

1. This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.395, I.P.C. and Secs.25/27 of the Arms Act.

2. Heard Mr. J.K. Majhi, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted on behalf of the Petitioner that he is inside custody since 26.1.2019 and the trial is yet to complete. Further, another co-accused, namely, Ajit Kumar Parida has been released on bail by this Court in BLAPL No.4367 of 2019 and this Petitioner is standing on the same footing with him.

4. After hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party and considering the period of detention of the Petitioner inside custody as well as release of the other co-accused, it is directed to release the Petitioner on bail in connection with Remuna P.S. Case No.09/2019 corresponding to

S.T. Case No.45/2020 on such terms and conditions to be fixed by the learned Sessions Judge, Balasore as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed and shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence. It is made clear that violation of any of the conditions as fixed by this Court or by the court below shall entail cancellation of his bail.

6. The BLAPL is disposed of.

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

( B.P. Routray) Judge B.K. Barik