Santosh Kumar Dash @ Santosh Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7085 of 2022 Santosh Kumar Dash @ Santosh Kumar Das ....

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

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

ORDER

16.08.2022 Order No.

01.

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.1229 of 2022, on the files of S.D.J.M., Berhampur, arising out of Gopalpur P.S. Case No.107 of 2022, under Sections 420/465/467/468/34 of IPC and is in custody since 10.06.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 3rd Additional District & Sessions Judge, Berhampur, by order dated 19.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that co-accused has been released on anticipatory bail by this Court by order dated 02.08.2022 in ABLAPL No.8949 of 2022.

6.

It is submitted that taking into account the nature of allegations further continuance of the petitioner is unwarranted. 7.

Perused the order of rejection.

8.

Learned counsel for the petitioner placed on record the certified copies of the FIR and the 161 Cr.P.C. statement which is taken on record. On perusal of the same, it is seen that the sale transaction in question relates to the year 2004. 9.

Taking into account that the allegations are more or less based on documentary evidence and that the petitioner has no criminal proclivity, 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.

10.

Accordingly, the BLAPL stands disposed of.

11.

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