Bijaya Sahu @ Kalia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7862 of 2022 Bijaya Sahu @ Kalia ....

Petitioner Mr. P.S. Nayak, Advocate -versusState of Odisha ....

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

ORDER

02.09.2022 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 G.R. Case No.972 of 2022, pending in the file of learned S.D.J.M. Angul, arising out of Bantala P.S.

Case No.248 of 2022, offence under Sections 452/342/147/148/323/307/506/379/149 of IPC and is in custody since 05.07.2022.

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 Judge (Vigilance) Angul by order dated 09.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that the nature of the allegations are omnibus and no specific overt act is attributed to the petitioner.

6.

It is further submitted that the son-in-law of the petitioner Sanjaya Sahu who suffered grievance injuries, in the meanwhile has been discharged from hospital and is leading a normal life. Hence it is submitted that further continuance of the petitioner is not warranted.

7.

Learned counsel for the State opposes the prayer for bail on the ground that investigation is still continuing. 8.

Taking into account the nature of allegations and substantial progress of the investigation and the health condition of the injured as stated by the learned counsel for 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.

Accordingly, the BLAPL stands disposed of.

10.

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