Akuja Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6057 OF 2022 Akuja Bhoi & another .........

Petitioners Mr.S.Bahadur, 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 Petitioners are an accused in connection with 2(b) CC Case No. 16 of 2022 arising out of O.R. No.39 of 2022 on the file of learned SDJM, Rairakhol, for the alleged commission of offence under Sections.51, 39 & 49 of the Wild Life Protection Act.

5.

Being aggrieved by the rejection of their application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Rairakhol by order dated 23.06.2022, the present BLAPL has been filed. The petitioner is stated to be in custody since 16.05.2022.

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 petitioners 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 petitioners regarding the criminal proclivity. If it come to the fore that the petitioners have 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