Tankadhar Bisi @ Tanka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5265 of 2022 Tankadhar Bisi @ Tanka and another ....

Petitioners Mr. R.K.Acharya, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.6.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

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

3. The Petitioners are in custody since 2nd May, 2022 in connection with Kesinga P.S.

Case No.183/2022 corresponding to C.T. Case No.176/2022 pending in the court of learned J.M.F.C., Kesinga, for the alleged commission of the offence under Sections 399/402 of I.P.C. read with Section 25(1) and 27 of the Arms Act.

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4. It is alleged that the Petitioners and some other persons were apprehended whole they were preparing to commit dacoity. Several incriminating articles including some weapons were also seized from the their possession. It is submitted that the Petitioners have been implicated in the case only on the basis of suspicion and there is no acceptable material to show the complicity in the alleged occurrence.

5. Considering the submissions made and the materials on record and the fact no offence as such has been committed, I am inclined to allow the prayer for bail. Let the Petitioners 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 they shall appear before the trial court 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 them to custody again. Further, they shall appear before the I.I.C. of Kesinga P.S. on every Monday 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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