Bali Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8235 of 2022 Bali Behera ....

Petitioner Mr. L. Achari, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 Tarasingi P.S. Case No.237 of 2022 corresponding to GR Case No.1130 of 2022, pending in the file of the learned S.D.J.M., Bhanjanagar, Ganjam, for alleged commission of offences under Sections 399/402 of IPC read with Section 27 of Arms Act and Section 4 & 5 of E.S. Act. 4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhanjanagar, by order dated 19.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by learned counsel for the petitioner that the petitioner is similarly circumstanced with one Titu Sahu, who has since been released on bail by this Court by order dated 07.09.2022 in BLAPL No.8036 of 2022.

6.

Taking into account the nature of allegations and considering the submission of the learned counsel for the petitioner that the petitioner has no criminal antecedent and keeping in view his age, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 7.

While releasing the petitioner on bail the learned Court below shall verify such assertion regarding his criminal proclivity. If it comes to the fore that the petitioner has any criminal antecedent this order shall stand recalled.

8.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till submission of final form.

9.

Accordingly, the BLAPL stands disposed of.

10.

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