Jitu Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7513 OF 2022 Jitu Naik .........

Petitioner Mr.P.K.Pradhan, Adv.

-versusState of Odisha ............

Opposite Party MrP.K.Maharaj, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

25.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The Petitioner is accused in connection with 2(b)CC Case No.6 of 2022 arising out of O.R. Case No. 13 of 2022-23 pending on the file of learned SDJM, Hindol, registered for the alleged commission of offence under Sections 9/39(1) and (2) and 51 of the Wild Life Protection Act.

4.

Being aggrieved by the rejection of their application for bail U/s 439 Cr.P.C. by the learned. Sessions Judge, Hindol, by order dated 15.07.2022, the present BLAPL has been filed. 5.

Perused the record.

6.

It is submitted by the learned counsel for the petitioner that petitioner has no criminal proclivity.

7.

Taking into account the nature of allegation and punishment prescribed and the petitioner being in custody since 7.7.2022, 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.

While so releasing learned court in seisin over the matter to check the veracity of the submission of the learned counsel for the petitioner regarding the criminal proclivity. If it comes to the fore that the petitioner has any criminal antecedent, the present order shall stand recalled. Further he shall appear before the jurisdictional Police Station once every week till conclusion of the trial. 9.

Violation of such appearance shall entail cancellation of bail. 10.

Accordingly, the BLAPL stands disposed of.

11.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal