Ramakanta Tandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8144 of 2022 Ramakanta Tandi ....

Petitioner Mr. S.K. Joshi, Advocate -versusState of Orissa ....

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

ORDER

08.12.2022 Order No.

03.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with G.R. Case No.272 of 2022, pending in the Court of learned J.M.F.C., Tarava, arising out of Tarava P.S. Case No.224 dated 30.02.2020, for alleged commission of offences under Sections 147/148/341/323/294/307/353/427/333/452/506/149 of IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sonepur, by order dated 10.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 04.07.2022 and since charge-sheet has been filed on 31.10.2022, further continuance of the petitioner in custody is unwarranted and relying on the recitals in the Case Diary, it is stated that the injury inflicted being simple in nature.

5.

Learned counsel for the State opposes the prayer for bail inter alia relying on the ground of criminal proclivity of the petitioner inasmuch as it is stated that the petitioner has six criminal antecedents.

6.

Considering the nature of allegations in the case at hand and the injury suffered by the victim being simple, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

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