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Orissa High CourtBLAPL/8055/2022allowed

Raja @ Budha @ Brundaban Das v. State Of Odisha

2022-09-22Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8055 of 2022 Raja @ Budha @ Brundaban Das ....

Petitioner Mr. T.P. Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

22.09.2022 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.531 of 2022 pending in the file of learned S.D.J.M. Puri, arising out of Puri Town P.S. Case No.79 of 2022, offence under Sections 394 of IPC and is in custody since 17.03.2022.

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 28.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that since the co-accused has already been release on bail by the learned Court in seisin over the matter and since charge sheet has already been filed, further continuance of the petitioner in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner has several antecedents of similar nature hence his released at this stage is uncalled for. 7.

Taking into account the release of the co-accused, 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 criminal antecedents of the petitioner, this Court directs that he shall appear before the jurisdictional police station once every week till the conclusion of trial. 9.

Accordingly, the BLAPL stands disposed of.

10.

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