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Orissa High CourtBLAPL/7230/2021disposed off

Prem Kumar Naik v. State Of Odisha

2022-07-18Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7230 of 2021 Prem Kumar Naik ....

Petitioner Mr. Debasis Sarangi, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Jena, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

18.07.2022 02.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual/physical mode).

2.

This is the successive journey of the petitioner, who is in custody in connection with Chhatrapur P.S. Case No.131 of 2017 corresponding to S.T. Case No.26 of 2018 pending in the court of the learned Additional Sessions Judge, Chhatrapur running for the alleged commission of offence under sections 147/ 148/324/326/307/302/120-B/212/149, I.P.C. read with section 25/27 of the Arms Act in filing this application under section 439, Cr.P.C. for his release on bail. 3.

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

4.

Considering the submissions made and on going through the materials on record including the depositions of the

// 2 // witnesses examined insofar in the trial, which is still going on and the surrounding circumstances more particularly the detention of the Petitioner in custody since 22.09.2017 as also the grant of bail to the co-accused persons similarly situated with this Petitioner; while being inclined to reconsider the prayer for grant of bail to the Petitioner, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of trial and will not threaten or terrorize the prosecution witnesses in any manner whatsoever; and will not leave the jurisdiction of Chatrapur P.S. till conclusion of trial except on the date fixed before the Trial Court and as would be so required to appear before the said Court.

5.

The BLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D.Dash) Judge