Panchu @ Panchanan Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8026 of 2022 Panchu @ Panchanan Naik ....

Petitioner Mr. P. Panigrahi, Advocate -versusState of Odisha ....

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

ORDER

28.10.2022 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 G.R. Case No.343 of 2022, pending in the file of learned S.D.J.M., Hindol, arising out of Balimi P.S. Case No.117 of 2022, alleged commission of offence under Sections 394/411 of IPC and is in custody since 14.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the Additional Sessions Judge, Dhenkanal by order dated 27.07.2022 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 14.07.2022 and as charge sheet has already been filed on 31.08.2022; further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail keeping in view the criminal antecedents of the petitioner as noticed in the order of rejection.

7.

Taking into account the filing of charge sheet and the age of the petitioner being 19 years, 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.

8.

Keeping in view the criminal proclivity of the petitioner, this Court directs the petitioner to appear before the jurisdictional police station once in every 15 days till the conclusion of trial. First date and time of such appearance shall 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 rules. (V. NARASINGH) Judge Santoshi