Sunil Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7306 of 2022 Sunil Pradhan ....

Petitioner Mr. M. Das, Advocate -versusState of Odisha ....

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

ORDER

26.08.2022 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.90 of 2022, on the files of learned J.M.F.C. Daringbadi, arising out of Bamunigaon P.S. Case No.23 of 2022, under Sections 392 of IPC and is in custody since 02.04.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Balliguda, by order dated 12.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the basis of implication is on account of co-accused statement and he has been made an accused only because of his antecedents.

6.

Such submission is refuted by the learned counsel for the State. Relying on the recitals in the Case Dairy submits that there are criminal antecedents of similar nature and the cash involved to the tune of Rs.1,31,120/- is yet to be recovered and other coaccused persons are to be apprehended hence release of the petitioner is not called for.

7.

Taking into account the nature of allegations and the basis of implication and filing of charge sheet and release on co-accused Dibakar Mallick as stated by the learned counsel for 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.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of the trial. One of the sureties shall be immediate member of the family and the petitioner shall furnish cash security to the tune of Rs.50,000/- (Rupees Fifty Thousands Only) to be pledged in the name of the Court in seisin over the matter and to be kept in any nationalized bank in an interest bearing account subject to the final outcome of the case at the hand. 9.

Accordingly, the BLAPL stands disposed of.

10.

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