Goura Sagaria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8219 of 2022 Goura Sagaria ....

Petitioners Mr. R.L. Pattnaik, Advocate -versusState of Orissa ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

13.09.2022 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 Mathili P.S. Case No.92 of 2021 corresponding to G.R. Case No.444 of 2021, pending in the file of the learned J.M.F.C., Mathili, Malkangiri, for alleged commission of offences under Sections 399/402 of IPC read with Section 25 of Arms Act.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Malkangiri, by order dated 27.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner in custody since 21.03.2022 and as charge-sheet has already been filed, further continuance of the petitioner in custody is unwarranted.

6.

It is further submitted by learned counsel for the petitioner that the petitioner was granted bail in all other cases and because of his criminal proclivity, he is being implicated falsely. 7.

Learned counsel for the State opposes the prayer for bail relying on the order of rejection which shows the criminal proclivity of the petitioner.

8.

Taking into account the nature of allegations in the case at hand, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

Keeping in view the criminal antecedent of the petitioner, it is directed that the petitioner shall appear before the jurisdictional police station once every week till the conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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