Durgamadhab Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7818 of 2022 Durgamadhab Dash ....

Petitioners Mr. S. Mohanty, Advocate -versusState of Orissa ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

30.08.2022 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 an accused in Sadar P.S. Case No.201 dated 25.06.2022 corresponding to G.R. Case No.351 of 2022, pending in the file of learned N.G.N., Puri, offences punishable under Sections 323/307/506/34 of IPC read with Section 3 & 4 of E.S. Act.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Puri, by order dated 09.08.2022 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 26.06.2022, though the basis of implication is co-accused statement, hence it is submitted that further continuance of the petitioner in custody is uncalled for, more so when the injuries suffered are stated to be simple.

6.

Learned counsel for the State opposes the prayer for bail, more particularly when the investigation is going on. Keeping in view the allegation that the petitioner has threatened the injured and the family members at the behest of other co-accused persons in a case of murder in which the brother of the informant was done to death.

7.

Taking into account the nature of allegation, 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 week till conclusion of the trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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