Sarat Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6053OF 2022 Sarat Behera .........

Petitioner Mr.A.K.Das, Adv.

-versusState of Odisha .........

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

22.07.2022 Order No.

O1.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the parties.

4.

The Petitioner is an accused in connection with 2(b) CC Case No. 5 of 2022 arising out of O.R. No.9 of 2022 on the file of learned SDJM, Hindol, for the alleged commission of offence under Sections .2(16) (35), 9, 39(1)(2), 44(1)(a)(v), 49 B(1)(a)(v) and Sec. 51 of the Wild Life Protection Act.

5.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Hindol by order dated 22.06.2022, the present BLAPL has been filed. The petitioner is stated to be in custody since 18.06.2022. 6.

Learned counsel for the petitioners submits that petitioner has no criminal proclivity.

6.

Considering the nature of allegation, period of custody and the punishment prescribed, it is directed that the petitioner shall be released on bail on such terms to be fixed by the learned court in seisin over the matter.

7.

While so releasing by the learned court in seisin over the matter to check the veracity of the submission of the learned counsel for the petitioner regarding the criminal proclivity. If it come to the fore that the petitioner has any criminal proclivity, the present order shall stands recalled.

8.

Accordingly, the BLAPL stands disposed of.

9.

Issue urgent certified copy of this order as per rules. ( V.Narasingh ) Judge Dhal