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Orissa High CourtBLAPL/4511/2022disposed off

Ajit Singh @ Arjun v. State Of Odisha

2022-05-20Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4511 of 2022 Ajit Singh @ Arjun ....

Petitioner Mr.Chandan Samantaray, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Nayak, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

20.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Baisinga P.S. Case No.336 of 2021, corresponding to C.T. Case No.857 of 2021, pending in the file of learned J.M.F.C., Betnoti, for commission of alleged offences under Section 394 of I.P.C. 3.

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

4.

Learned counsel for the Petitioner submits that Petitioner is languishing in jail custody since the date of his arrest, i.e. 5.11.2021. It is submitted that Petitioner is an innocent person and he has been falsely implicated in the case. In the meantime the investigation has substantially been progressed, therefore,

// 2 // there is no chance to evade the process of trial or tamper with the prosecution evidence. It is also submitted that Petitioner is a law abiding person and will abide by any terms and conditions imposed by this Court in the event of release on bail. 5.

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

6.

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 Petitioner, this Court is inclined to release the Petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two solvent sureties for the like amount to the satisfaction of the learned court in seisin of the matter subject to the terms and conditions as would be deem fit and proper by the trial court.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

Issue urgent certified copy of this order on proper application.

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