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Orissa High CourtBLAPL/7257/2022allowed

Arjun Bagh @ Arjun v. State Of Odisha

2022-11-29Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7257 of 2022 Arjun Bagh @ Arjun ....

Petitioner Mr. P.K. Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.11.2022 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.135 of 2022, pending on the file of learned J.M.F.C., Semiliguda, arising out of Sunabeda P.S. Case No.61 of 2022, for commission of alleged offences under Section 457/380 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Koraput by order dated 13.07.2022 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 22.04.2022 and charge sheet has already been filed on 10.08.2022 inter alia under Section 457/380/34 of IPC.

6.

Learned counsel for the petitioner also submits that the stolen bike has been recovered from the petitioner. Hence, further continuance of the petitioner in custody is not warranted 7.

Learned counsel for the State opposes the prayer for bail and submits that the present petitioner has antecedents and hence merely because charge sheet has been filed, he ought not to be released on bail.

8.

Considering the period of custody and recovery of the motor cycle as stated, 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.

Keeping in view criminal antecedents of the petitioner, it is directed that he shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi