Dev@Sukdev Suna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6835 of 2022 Dev@ Sukdev Suna ....

Petitioner Mr. S.K. Panda, Advocate -versusState of Odisha ....

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

ORDER

16.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in C.T Case No.207 of 2022, pending in the file of learned NGN-Cum-JMFC, Attabira in the district of Bargarh arising out of Attabira P.S. Case No.212 of 2022, offence under Sections 399/402/34 of IPC and is in custody since 16.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bargarh by order dated 12.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner has been falsely implicated in the case at hand because of his criminal proclivity. Hence submits that admittedly charge sheet has been filed on 23.07.2022 and he is in custody since

16.06.2022, further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail on the basis of recitals in the Case diary and submits that petitioner was apprehended at the spot.

7.

It is further submitted by the learned counsel for the petitioner that co-accused persons namely Sanket Mishra and Sushanta Meher has been released on bail by this Court by order dated 17.08.2022 in BLAPL No.7125 of 2022 and order dated 22.08.2022 in BLAPL No.7175 of 2022 respectively. 8.

Taking into account the release of the co-accused, 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. 9.

Taking into account the criminal proclivity of the petitioner, this Court directs that the petitioner shall appear before the jurisdictional police station once every week till the conclusion of trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

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