Subham Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5924 OF 2022 Subham Swain .........

Petitioner Mr. D.K. Sahu, Advocate -versusState of Odisha ............

Opposite Parties Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

21.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 1141 of 2022 arising out of Belpahar P.S. Case No. 104 of 2022, pending on the file of the learned SDJM, Jharsuguda for the alleged commission of offence under Sections-392 of the I.P.C. 3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Sessions Judge, Jharsuguda by Order dtd. 03.06.2022 in BLAPL No. 184 of 2022, the present BLAPL has been filed.

4.

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

5.

Taking into account the nature of allegation and the Order dtd.04.07.2022 in BLAPL No. 5553 of 2022 passed by the Co-ordinate Bench of this Court relating to the co-accused who prima facie appears to be similarly circumstanced, this Court directs the petitioner to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter.

6.

It is submitted that the petitioner has no criminal proclivity. While releasing the petitioner on bail the learned Court shall verify such assertion, if it comes to the fore that the petitioner has any criminal antecedents, this order shall stand recalled without any further reference to this Court. 7.

While releasing the petitioner on bail, The learned Court below shall additionally stipulates that the petitioner shall appear before the jurisdictional Police Station once every week till conclusion of the trial.

8.

The Bail Application thus stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge