Rajesh Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7123 of 2022 Rajesh Kumar Nayak ....

Petitioner Mr. A.K. Das, Advocate -versusState of Orissa ....

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

ORDER

29.09.2022 Order No.

03.

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 connection with G.R. Case No.630 of 2022, pending in the Court of learned J.M.F.C., Banarpal, P.S. Case No.217 of 2022, for offences under Sections 294/420/467/468/471/506/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned J.M.F.C., Banarpal, by order dated 20.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that since admittedly no amount has been transferred to his account and as charge-sheet has already been filed in the meanwhile, further continuance of the petitioner in custody is unwarranted. 6.

Learned counsel for the State opposes the prayer for bail and submits that there are materials on record to show that it is at

the behest of the petitioner that the amounts have been transferred to the account of Rafiuddin Khan. It is also stated that the petitioner has criminal antecedents inasmuch as he is accused in four cases, hence the petitioner ought not to be released on bail. 7.

Considering the filing of charge-sheet and no amount having been transferred to the account of the petitioner, 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.

This Court had occasion to peruse the criminal antecedents which are on record and taking note of the same being of the year 2013, this Court directs that the petitioner shall appear before the jurisdictional police station once every month till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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