Chalu @ Rahul @ Chotu @ Santosh Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7553 of 2022 Chalu @ Rahul @ Chotu @ Santosh Das ....

Petitioner Mr. A.K. Das 1, Advocate -versusState of Odisha ....

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

ORDER

23.11.2022 Order No.

03.

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.470 of 2022, pending in the file of learned J.M.F.C.(R), Balasore, arising out of Balasore Sadar P.S. Case No.169 of 2022, for commission of alleged offences under Sections 394/397 of IPC and 25/27 of the Arms Act and is in custody since 10.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the Sessions A.D.J.-cum-P.O., Designated Court, OPID, Balasore by order dated 11.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 10.06.2022 and as charge sheet has been filed on 05.10.2022, which is taken on record. Hence, further continuance in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner has criminal proclivity.

7.

It is seen from the order of rejection that the cash involved in the crime that is Rs.50,000/- (Rupees Fifty Thousands) only was seized from the possession of the petitioner. 8.

Taking into account the seizure as made and keeping in view the age of 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.

9.

Keeping in view his criminal proclivity, it is directed that he shall appear before the jurisdiction police station twice every week on such date and time to be fixed by the learned Court in seisin till submission of final form.

Certification of such appearance shall be submitted to the learned Court in seisin.

11.

Accordingly, the BLAPL stands disposed of.

12.

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