Islam Uddin Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7247 of 2021 Islam Uddin Khan and another ....

Petitioners Mr. S.C. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.02.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents on record.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioners are accused in G.R. Case No.629 of 2021 arising out of Kishorenagar, Angul P.S. Case No.113 of 2021 pending in the court of learned S.D.J.M., Khurda for commission of offence punishable under Sections 379/34, I.P.C. and turned to Section 394, I.P.C.

5.

It is submitted by learned counsel for the Petitioner that the petitioner was not named in the F.I.R. and he has been falsely implicatd in the case and that he was arrested in another case and he has been taken on remand in this case. He further submits that charge-sheet has already been filed in the meantime.

6.

Mr. Nayak, leaned Additional Standing Counsel for the State

// 2 // vehemently, opposes the prayer for bail of the Petitioner. 7.

Having heard learned counsel for the parties and considering the allegations made against the Petitioner and period of detention of the Petitioner, it is directed that let the Petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees tirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that the Petitioner shall not be involved in any offence of similar nature, he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever, shall not make any default in attending the court during trial on each date and shall appear before the concerned Police Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. till conclusion of trial. Violation of any of the terms and conditions shall entail cancellation of bail. 8.

It is open for the court in seisin over the matter to impose other conditions as may deem just and proper.

9.

The Bail Application is accordingly disposed of. 10.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge