Dheeraj Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8028 of 2022 Dheeraj Singh ....

Petitioner Mr. A. Mohanty, Advocate -versusState of Odisha ....

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

ORDER

20.09.2022 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.1108 of 2022, pending in the file of learned S.D.J.M. Panposh, Rourkela arising out of Raghunathpali P.S. Case No.164 of 2022, offence under Sections 395 of IPC and is in custody since 18.06.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional S.J. Rourkela by order dated 02.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that because of his criminal proclivity, he has been entangled in the case at hand.

6.

It is further submitted, relying on the order of rejection that out of total amount of Rs.4,77,000/-(Rupees Four Lakh SeventySeven Thousand Only), Rs.3,10,800/-(Rupees Three Lakh Ten

Thousand Eight Hundred Only) has already been recovered and it is submitted that charge sheet has already been filed on 01.08.2022, further continuance of the petitioner who is young boy of 19 years is unwarranted.

7.

Learned counsel for the State opposes the prayer relying on the order of rejection and that further amount is yet to be recovered and also bringing to the notice of the Court that the petitioner has criminal antecedent.

8.

Taking into account that the period of custody and his age and the factors herein above noted such as filing of charge sheet, 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 in view of his criminal proclivity as stated he shall appear before the jurisdictional police station once every week till the conclusion of the trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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