Badal @ Akash Mukhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5190 of 2022 Badal @ Akash Mukhi ....

Petitioner Mr. K. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. D. Biswal, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.6.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 15th March, 2022 in connection with Baripada Town P.S. Case No.92/2022 corresponding to C.T. Case No.238/2022 pending in the court of learned S.D.J.M., Baripada for the alleged commission of the offence under Sections 457/380/34 of I.P.C.

4. It is alleged that the Petitioner committed theft of cash, gold and silver ornaments from the house of the informant along with two other persons. It is submitted that the Petitioner was

// 2 // implicated only on the basis of the statement of co-accused and he was remanded in this case while he was in custody in another case. As regards the observation of the learned court below regarding criminal antecedent, it is submitted that in some of the cases, the Petitioner has already been enlarged on bail.

5. Considering the submissions as above, the materials on record and the period of detention of the Petitioner in custody, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the court to take him to custody again. Further, he shall also appear before the I.I.C. of Baripada Town P.S .on every Monday at 10.00 A.M. for a period of six months and such fact shall be certified by the I.I.C. to the concerned Court once in a month.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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