Hasina Bibi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7616 of 2022 Hasina Bibi ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

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

ORDER

19.10.2022 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 C.T. Case No.628 of 2022, pending in the file of learned S.D.J.M. Balasore, arising out of Sahadevkhunta P.S. Case No.222 of 2022, offence under Sections 399/402 of IPC read with Section 4 and 5 of the Explosive Substance Act and Section 25 of the Arms Act and is in custody since 22.07.2022.

4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-P.O., Designated Court, OPID, Balasore by order dated 28.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the basis of implication is in the case at hand is on account of co-

accused statement and as the petitioner is in custody since 22.07.2022 and charge sheet having been filed, she may be allowed to be released on bail.

6.

It is also submitted by the learned counsel for the petitioner that the co-accused similarly circumstanced have been released on bail by order dated 29.09.2022 in BLAPL No.7236 of 2022 and order dated 11.10.2022 in BLAPL No.7403 of 2022. 7.

Learned counsel for the State opposes the prayer for bail inter alia on the ground of criminal proclivity of the petitioner. 8.

Taking into account the manner of implication in the case at hand, 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.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. First date and time of such appearance be fixed by the learned Court in seisin over the matter, keeping in view that the petitioner is a lady.

10.

Accordingly, the BLAPL stands disposed of.

11.

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