Jayanta Bibar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6094 OF 2022 Jayanta Bibar .........

Petitioner Mr.S.K.Nayak, Adv.

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

Opposite Party Mr. P.K.MahAraj, 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.

3.

The Petitioner is an accused in connection with 2(b) C.C. Case No. 3 of 2022 corresponding to ROR No. 30 of 2022-23 on the file of learned SDJM, Gunupur, for the alleged commission of offence under Section 51 of the Wild Life(Protection) Act. 4.

Being aggrieved by the rejection of their application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Gunupur, by order dated 17.06.2022, the present BLAPL has been filed. The petitioner is stated to be in custody since 23.05.2022. 5.

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

6.

Taking into account the nature of allegation, punishment prescribed and the period of custody, it is directed that the

petitioners shall be released on bail. The 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 comes to the fore that the petitioner has any criminal proclivity, the present order shall stand recalled.

8.

Accordingly, the BLAPL stands disposed of.

9.

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