Deba @ Debendra Champia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6623 of 2022 Deba @ Debendra Champia ....

Petitioner Mr. P.S. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

14.10.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with G.R. Case No.95(A) of 2021, pending in the Court of learned S.D.J.M., Pallahara, arising out of Khamar P.S. Case No.43 of 2021, for commission of offences under Section 394 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Talcher, by order dated 30.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that co-accused has been released on bail by this Court by order dated 25.11.2021 in BLAPL No.8690 of 2021 and it is submitted that since charge-sheet has already been on 08.09.2021, his further continuance in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail.

7.

Taking into account the release of the co-accused and filing of charge-sheet, 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.

Since the petitioner has criminal antecedent of similar nature, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. The date and time of such appearance to be fixed by the learned Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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