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Orissa High CourtBLAPL/6374/2022allowed

Susanta Raut @ Jati v. State Of Odisha

2022-09-09Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6374 of 2022 Susanta Raut @ Jati & Another ....

Petitioners Mr. B.K. Mohanty, Advocate -versusState of Orissa ....

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

ORDER

09.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are accused in Ranpur P.S. Case No.0113 dt. 13.05.2022 corresponding to G.R. Case No.160 of 2022, pending in the file of the learned J.M.F.C., Ranpur, for alleged commission of offences under Section 328/379/34 of IPC. 4.

Being aggrieved by the Rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Nayagarh, by order dated 17.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioners that the F.I.R. is against unknown persons and the petitioners have been implicated only because of their criminal proclivity and there is no other material to connect the petitioners to the alleged crime. 6.

Learned counsel for the State opposes the prayer stating that there are materials on record which unerringly point out to the

involvement of the petitioners to the alleged crime and also in view of their criminal antecedents they ought not to be released on bail. 7.

Keeping in view the nature of allegations and the punishment prescribed and taking into account that charge-sheet has been filed on 14.07.2022, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Keeping in view their criminal proclivity as evidenced from the order of rejection, it is directed that the petitioners shall appear before the jurisdictional police station once every week till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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