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Orissa High CourtBLAPL/8167/2022allowed

Pagu @ Durga Madhab Mahala v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8167 of 2022 Pagu @ Durga Madhab Mahala ....

Petitioner Mr. B.K. Behera, Advocate -versusState of Orissa ....

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

ORDER

09.09.2022 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 accused in Capital P.S. Case No.19 of 2022 corresponding to C.T. Case No.151 of 2022, pending in the Court of learned S.D.J.M., Bhubaneswar, for alleged commission of offences under Sections 457/436/427/294/506/120-B/34 of IPC read with Section 25 of the Arms Act.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge-cumSpecial Judge, Vigilance, Bhubaneswar, by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the order of rejection.

6.

It is submitted by learned counsel for the petitioner that in the meanwhile co-accused persons similarly circumstanced have

been released on bail, hence further continuance of the petitioner in custody is unwarranted.

7.

Keeping in view the nature of allegations and the release of the co-accused by this Court by order dated 15.03.2022 in BLAPL No.1616 of 2022 and other co-accused by the learned Court seisin over the matter, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

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