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Orissa High CourtBLAPL/7229/2021disposed off

Sameer Nag @ Sameer Harijan Nag v. State Of Odisha

2022-02-15Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7229 of 2021 Sameer Nag @ Sameer Harijan Nag ....

Petitioner Mr.S.K.Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr .K.K.Nayak,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.02.2022 2.

1.

This matter is taken up through Hybrid Arrangement (virtual/Physical Mode).

2.

Heard learned counsel for the parties and perused the case diary and other relevant materials available on record. 3.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Jaipatna P.S.Case No.170 of 2021, corresponding to C.T.Case No.164 of 2021, pending in the Court of the learned J.M.F.C., Jaipatna for alleged commission of offences under Sections 395,397,400 of the Indian Penal Code read with Section 27 of the Arms Act.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 18.06.2021. It is further submitted by the learned counsel for the Petitioner that the petitioner has no criminal antecedent. In course of hearing of the bail application learned counsel for the Petitioner files bail applications of co-accused

// 2 // persons namely, R.Ngeswar Rao, Babula alias Babuloo Harijan and Sonu alias Sany Harijan, who have been released on regular bail by this Court in BLAPL Nos.5879, 7504 and 7455 of 2021 respectively. Accordingly, learned counsel for the Petitioner prays for grant of bail at par with the other co-accused persons.

5.

Learned counsel appearing for the State reiterates the fact that other co-accused persons have been granted bail by this Court. He also submits that the present Petitioner has no criminal antecedents. 6.

Upon perusal of the Case Diary and the fact that the Petitioner has been languishing in jail custody since 18.06.2021, I am inclined to release the Petitioner on bail in the above case, on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to the conditions that the Petitioner shall not indulge in any criminal activities while on bail and shall report before he Investigating Officer for the purpose of investigation on every Sunday from 10 A.M. to 1 P.M.. It is open to the court in seisin over the matter to impose any other condition (s) as would be deemed fit and proper in the facts and circumstances of the case. 7.

The BLAPL is accordingly disposed of.

8.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge