Yaluristanley Babu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4820 of 2022 Yaluristanley Babu ....

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

Opposite Party Mr. R.K. Roul, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 01.

1.

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

2.

Heard learned counsel for the petitioner as well as leaned counsel for the State. Perused the F.I.R., Case Diary and other relevant documents.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The petitioner is an accused in G.R. Case No.1004 of 2022 corresponding to Bikrampur FCI P.S. Case No.114 of 2022 pending in the court of learned S.D.J.M., Talcher for commission of offence punishable under Sections 420/407/34, I.P.C.

5.

It is submitted that there is no allegation whatsoecver against the petitioner inasmuch as the main allegation is against the driver of the two trucks, which were carrying iron rods. It is further alleged that the iron rods were unloaded on the way at the instance of one

// 2 // Thamal Biswas. The petitioner is working in M/s. WUHUAN Engineering Company Limited to which the rods were supposed to be delivered.

6.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and is in custody since 09.05.2022. Further, he submits that the on similar footing with the present petitioner, other co-accused has already been released on bail by this Court in BLAPL No.4727 of 2022 by order dated 02.06.2022.

7.

Having heard learned counsel for the parties and considering the period of detention of the petitioner, it is directed that let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may fit and proper to impose including the condition that the petitioner shall furnishing cash security of Rs.30,000/- (rupees thirty thousand) and the court below shall insist upon two sureties belonging to the district of Angul for such amount as may be determined by him.

8.

The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Vacation Judge Jagabandhu