Nalinikanta Prusty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7602 of 2022 Nalinikanta Prusty ....

Petitioner Mr. A.K. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

05.09.2022 Order No.

02.

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 G.R. Case No.226 of 2022 pending in the file of learned JMFC, Aul arising out of Rajaknika P.S. Case No.107 of 2022, offence under Sections 420 of IPC and is in custody 09.04.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Court (POCSO) Kendrapara by order dated 03.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that he is in custody since 09.04.2022 and in the meanwhile as charge sheet has

already been filed his further continuance in custody is not warranted.

6.

Per contra learned counsel for the State submits that keeping in view the criminal proclivity of the petitioner he should not be released on bail more so, admittedly when the petitioner has taken Rs.1,13,000/- (Rupees One Lakh Thirteen Thousand only) as revealed from the order of rejection.

7.

Considering the nature of allegations and punishment prescribed, 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 furnish cash security to the tune of Rs.50,000/- (Rupees Fifty Thousand only) the same shall be kept in short terms interest bearing account pledged to the Court in seisin of the matter subject to the final outcome.

9.

Accordingly, the BLAPL stands disposed of.

10.

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