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Orissa High CourtBLAPL/8237/2022allowed

Susanta Kumar Rout v. State Of Odisha

2022-09-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8237 of 2022 Susanta Kumar Rout ....

Petitioner Mr. K.P. Mishra, Sr. 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 Mr. K.P. Mishra, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

3.

The petitioner is accused in Berhampur Sadar P.S. Case No.322 of 2022 corresponding to GR Case No.1696 of 2022, pending in the file of the learned S.D.J.M., Berhampur, for alleged commission of offences under Sections 467/468/471/120-B/34 of IPC.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Berhampur, by order dated 20.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is alleged that the petitioner fraudulently got ROR issued in his favour and such fraud came to light when the informant filed mutation case.

7.

It is submitted by the learned Senior Counsel that the coaccused have already been released on anticipatory bail by this Court by order dated 22.08.2022 in ABLAPL Nos.9931 & 9932 of 2022, hence it is submitted that further continuance of the petitioner in custody is unwarranted.

8.

Learned counsel for the State relying on the order of rejection submits that since the investigation is admittedly at nascent stage, the petitioner ought not to be released on bail. 9.

Considering the release of the co-accused on anticipatory bail and the role ascribed to the petitioner and his period in custody and keeping in view that investigation has progressed substantially, this Court directs the petitioner to be released on bail, on such terms to be fixed by the Court in seisin over the matter. 10.

Accordingly, the BLAPL stands disposed of.

11.

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