Sanjaya Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5833 OF 2021 Sanjaya Behera .........

Petitioner Mr. Manoranjan Mishra, Adv.

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

Opposite Party Mr.P.Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.06.2022 Order No.

03.

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 S.T. Case No.41 of 2021 arising out of Rajnagar P.S. Case No. 231 of 2020 pending on the file of learned Sessions Judge, Kendrapara, registered for the alleged commission of offence under Sections u/ss. 302/402/34 of the I.P.C., charge sheeted u/ss. 420/306/315/34 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 Special Judge, Kendrapara, by order dated 05.07.2021, the present BLAPL has been filed. 5.

On perusal of the Char-sheet it is seen that the I.O. has categorically stated that on examination of the account statement of the deceased of last two years he could not find any transaction of giving and taking of money between deceased Pramila Nath and the petitioner.

6.

Taking note of such assertion in the Charge sheet and keeping in view that the petitioner is in custody since 22.09.2020 for commission of the alleged offence, this Court directs that the petitioner shall be released on bail on such terms to be fixed by the learned court in seisin over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

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