Hemanta Rout @ Endu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7278 of 2022 Hemanta Rout @ Endu ....

Petitioner Mr. A.K. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.08.2022 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 accused in Khurda P.S. Case No.308 of 2022 corresponding to G.R. Case No.1053 of 2022, pending in the Court of learned S.D.J.M., Khurda under Sections 341/323/294/353/307/506/34 of IPC and Section-52(a) of Orissa Excise Act, 2008.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Khurda, by order dated 25.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that the overtact is attributed to one Madhaba Behera and the petitioner has been roped in because of his criminal antecedent being involved is of

similar nature and further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that since investigation is continuing, release of the petitioner at this stage is uncalled for. 7.

Taking into account the overtact which is admittedly attributed to one Madhaba Behera , this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter, including that the petitioner shall appear before the jurisdictional police station once every week till submission of final form.

8.

Accordingly, the BLAPL stands disposed of.

9.

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