Rajesh Kumr Shaw v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4539 of 2022 Rajesh Kumar shaw ....
Petitioner Mr. Priya Ranjan Singh, 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 Hindol P.S. Case No.35 of 2022, corresponding to G.R. Case No.109 of 2022, pending in the file of learned S.D.J.M., Hindol, for commission of alleged offences under Section 379 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. 26.04.2022. It is further submitted that Petitioner is an innocent person and on the basis of confessional statement of the coaccused person, he has been falsely implicated in the alleged
// 2 // crime. It is also submitted that nothing has been recovered from the possession of the Petitioner and in the meantime the other co-accused person has already been granted bail. It is submitted that since the investigation of the case has substantially progressed, there is no chance to evade the trial of the case. It is also submitted that Petitioner is ready and willing to abide by any terms and conditions as would be fixed by this Court in the event of 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.50,000/- (Rupees Fifty thousand) with one solvent surety 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 including one condition that the Petitioenr will appear before the local police station once in a fortnight, preferably on Sunday from 10 AM. To 1 PM, till end of trial.
7.
With the above direction, the BLAPL is accordingly allowed.
// 3 // 8.
Issue urgent certified copy of this order on proper application.
(A.K. Mohapatra) Judge U.K.Sahoo