Anil Kumar Puhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7362 of 2022 Anil Kumar Puhan & Another ....

Petitioners Mr. S. Mohanty, Advocate -versusState of Orissa ....

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

ORDER

14.10.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned Senior Counsel for the petitioners and learned Additional Standing Counsel for the State. 3.

The petitioners are accused in connection with G.R. Case No.724 of 2022, pending in the learned J.M.F.C. (O), Bhubaneswar, arising out of Balianta P.S. Case No.243 of 2022, for commission of offences under Section 394 of IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Bhubaneswar, by order dated 16.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioners that the petitioners are in custody since 25.06.2022 and since charge-sheet has already been filed on 22.08.2022, further continuance of the petitioners in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioners have criminal antecedent of similar nature.

7.

Considering the submission of charge-sheet and the nature of allegations, this Court directs the petitioners to be released on bail. The learned Court in seisin over the matter to fix the terms to ensure the presence of the petitioners on each date of trial. 8.

Taking into account the criminal proclivity of the petitioners, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. The date and time of such appearance to be fixed by the learned Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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