Nanda @ Nirmal Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5471 of 2022 Nanda @ Nirmal Bhoi and others ....

Petitioners Mr. S.R.Mulia, Advocate -versusState of Odisha ....

Opposite Party Mr.Sitikanta Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.6.2022.

01.

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

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

3. The Petitioners are in custody since 19th May, 2022 in connection with Angul Sadar P.S. Case No.359/2022 corresponding to G.R. Case No.726/2022 pending in the court of learned S.D.J.M., Angul for the alleged commission of the offence under Sections 399/402 of I.P.C.

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4. It is alleged that the Petitioners were present in the mango grove during late night and were preparing to commit dacoity when they were apprehended by Police. The Petitioners disclosed that they had the intention to commit dacoity by cutting open an ATM.

5. Considering the submissions, the materials on record, the period of detention of the Petitioners in custody and the fact that the intended offence had actually not taken place, I am inclined to allow the prayer for bail.

6. Let the Petitioners be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that they shall appear before the trial court on each date of posting of the case without fail and in case of even a single default, the said court shall pass appropriate orders to take them to custody again.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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