Tapan Mohanty @ Tapan Kumar Mohanty @ Puhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5610 of 2022 Tapan Mohanty @ Tapan Kumar Mohanty @ Puhan ....

Petitioner Mr. C. Behera, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

05.07.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 28.04.2022 in connection with Choudwar P.S. Case No.323 of 2021 corresponding to G.R. No.1772 of 2021 pending in the Court of learned J.M.F.C. (R), Cuttack for the alleged commission of offence under Sections 457/380/34 of IPC.

4.

It is alleged that the petitioner and another person entered into the house of the informant by breaking upon the lock and committed theft of three mobile phones, cash of Rs.10,000/- and a racing bicycle from the house of his neighbour. It is submitted that one co-accused has been granted bail by learned Court below. It is further submitted that upon completion of investigation, charge sheet has already been submitted. Therefore, further detention of the petitioner is not necessary.

5.

Considering the submissions as above, the materials on record, the period of detention in custody and the fact that the

stolen mobile phones have since been recovered, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of the posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana