Damodar Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8215 of 2022 Damodar Naik ....

Petitioner Mr. D.R. Mishra, Advocate -versusState of Odisha ....

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

ORDER

13.10.2022 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.908 of 2022 pending in the file of learned S.D.J.M., Angul, arising out of Angul Sadar P.S Case No.462 of 2022, for offence under Section 395 IPC and Sections 25/27 of the Arms Act and is in custody since 31.07.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District & Sessions Judgecum-Special Judge (Vigilanc), Angul by order dated 23.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the Petitioner that the Petitioner has been implicated on the basis of the statement of the co-accused Rajesh Pradhan who has since been enlarged on bail

by this Court in BLAPL No.9112 of 2022 by order dated 27.09.2022. Hence, it is submitted that further continuance of the Petitioner in custody is unwarranted.

6.

Considering the release of the co-accused and the basis of implication and keeping in view that the investigation has progressed substantially, 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.

7.

Additionally, it is directed that the Petitioner shall appear before the I.O once every week till submission of final form. 8.

Accordingly, the BLAPL stands disposed of.

9.

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