Surat Nahak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6308 of 2022 Surat Nahak & Others ....

Petitioners Mr. A. Choudhury, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

24.08.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. A. Choudhury learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing counsel for the State.

3.

The petitioners are accused in Rambha P.S. Case No.203 of 2022 corresponding to G.R. Case No.617 of 2022, pending in the Court of learned S.D.J.M., Khallikote under Sections 294/506/306/34 of IPC.

4.

Being aggrieved by the Rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge Khallikote, Ganjam, by order dated 08.06.2022 in the aforementioned case, the present BLAPL has been filed. 6.

Learned counsel for the petitioner submits that since charge-sheet has already been filed in the meanwhile, further continuance of the petitioners in custody is punitive, taking into account the period of detention from 23.05.2022. 7.

Learned counsel for the state opposes the prayer for bail.

8.

Taking into account the nature of allegations and filing of charge-sheet, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. It is stated that the petitioners have no criminal proclivity, while releasing the petitioners on bail, learned Court in seisin over the matter shall verify the same and in case it comes to the fore that the petitioners have any criminal antecedent, the order shall stand recalled.

9.

Accordingly, the BLAPL stands disposed of.

10.

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