Bapunu @ Asish Kumar Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7090 of 2022 Bapunu @ Asish Kumar Malik ....

Petitioner Mr. P. Panigrahi, 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 C.T. Case No.1058 of 2021, on the files of S.D.J.M., Udala, arising out of Kaptipada P.S. Case No.314 of 2021, under Sections 457/380/34 of IPC and is in custody since 12.01.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 1st Additional District & sessions Judge, Baripada, by order dated 15.07.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that charge sheet has already been filed, he may be released on bail.

6.

Learned counsel for the State opposes the prayer inter alia on the ground that the petitioner is a habitual offender as noted by the learned Court while rejecting his application for bail. 7.

Taking into account the nature of allegations, 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. 8.

Additionally, it is directed that out of two sureties one shall be his immediate family member and that the petitioner shall appear before the jurisdictional Police Station once in every week till conclusion of trial and certification of such appearance shall be submitted to the learned Court in seisin over the matter. Violation of any of the condition shall entail cancellation of bail. 9.

Accordingly, the BLAPL stands disposed of.

10.

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