Mithun Tiriya @ Kalicharan Tiriya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7386 of 2022 Mithun Tiriya @ Kalicharan Tiriya ....

Petitioner Mr. A. Mishra, Advocate -versusState of Orissa ....

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

ORDER

24.08.2022 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 Raruan P.S. Case No.97 of 2021 corresponding to C.T. Case No.560 of 2021, pending in the file of learned S.D.J.M., Karanjia, Mayurbhanj, under Sections 392 of IPC read with Section 25 of Arms Act, 1959. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Karanjia, by order dated 04.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that keeping in view the nature of allegations, period of custody since 12.03.2022 more so since the charge-sheet has already been filed on 21.05.2022, his further continuance in custody is punitive.

6.

Learned counsel for the State opposes the prayer for bail inter alia referring to the criminal proclivity of the petitioner as noted in the order of rejection.

7.

Taking into account the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days till conclusion of the trial and such appearance shall be certified to the Court in seisin over the matter. It is needless to say violation of condition relating to appearance shall entail cancellation. 9.

Accordingly, the BLAPL stands disposed of.

10.

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