Sekhar Pradhan @ Papu Padhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6775 of 2022 Sekhar Pradhan @ Papu Padhan and another ....

Petitioners Mr. A.K. Raut, Advocate -versusState of Odisha ....

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

ORDER

02.08.2022 Order No.

01.

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 C.T. Case No.1447 of 2022, on the files of learned S.D.J.M. Jharsuguda, arising out of Brajraj Nagar P.S. Case No.180 of 2022, offences under Section 341/294/506/307/323/325/34 of IPC and is in custody since 05.07.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda, by order dated 13.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the rejection order and the certified copy of the dying declaration of the injured referred to in the rejection order and the injure report.

6.

Taking into account that charge sheet has already been filed and that the present petitioners have no criminal antecedents as

noted by the order of rejection, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

It is made clear that while considering the bail application of other co-accused the learned Court in seisin over the matter shall not be influenced by this order and the same shall be disposed of on merits keeping in view there complicity.

8.

Copy of the dying declaration and the injury report be kept on record.

9.

Accordingly, the BLAPL stands disposed of.

10.

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