Rakesh Naik @ Rakesh Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6539OF 2022 Rakesh Naik @ Rakesh Nayak .........

Petitioner A.K.Mishra(3), Adv.

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

Opposite Party Mr. A.Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

28.07.2022 Order No.

01.

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 G.R. Case No. 732 of 2021 arising out of Nayagarh Sadar P.S. Case No. 183 of 2021 pending on the file of learned SDJM, Nayagarh, registered for the alleged commission of offence under Sections 436/506/120(B)/294/109/34 of the I.P.C.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Sessions Judge, Nayagarh, by order dated 13.06.2022 in Bail Application No. 243 of 2022, the present BLAPL has been filed 5.

Learned counsel for the petitioner submits that in the meanwhile Charge-sheet has already been submitted. The petitioner is in custody since 9.12.2021. Further continuance amounts to pretrial punishment which is not justified in the facts and circumstances of the case at hand.

6.

The learned counsel for the State opposes the prayer for bail.

7.

Considering the period of custody and taking into account the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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