Satyapriya Khandayataray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6964 of 2022 Satyapriya Khandayataray ....

Petitioner Mr. T.P. Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

24.11.2022 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 G.R. Case No.465 of 2022 pending on the file of learned JMFC, Kanas, arising out of Jodapadar (Gadisagada) P.S. Case No.186 of 2022, for commission of offence under Sections 341/323/324/307/294/506/509/34 IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Addl. Sessions Judge, Puri by order dated 12.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is in custody since 16.06.2022 and as charge sheet has been filed on 08.10.2022, his further continuance in custody is not warranted.

6.

Learned counsel for the State oppose the prayer for bail relying on the recitals in the case diary that the Petitioner has several criminal antecedents and two of them are recent origin. 7.

It is submitted by the learned counsel for the Petitioner that the cases are falsely foisted at the best of the Informant family members due to ongoing civil dispute inter se. It is also submitted, on instruction, that the injured has recovered and leading a normal life.

8.

Taking into account of the same, filing of the charge sheet and the period of custody, 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.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station of the learned Court in seisin twice every week till conclusion of trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

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