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Orissa High CourtBLAPL/8249/2022allowed

Makarand Goud v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8249 of 2022 Makarand Goud ....

Petitioner Mr. J. Panda, Advocate -versusState of Orissa ....

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 Bhawanipatna Sadar P.S. Case No.263 of 2022 corresponding to C.T. Case No.772 of 2022, pending in the Court of the learned S.D.J.M., Bhawanipatna, for alleged commission of offences under Sections 419/420/465/466/468/470/471/120-B/34 of IPC.

4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhawanipatna, by order dated 05.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that co-accused persons have since been released on bail by this Court by order dated 29.08.2022 in BLAPL Nos.7711 & 7718 of 2022 and by order dated 30.08.2022 in BLAPL No.7822 of 2022.

7.

The allegation against the petitioner is that he was witness to a fraudulent land transaction in which the lands of the complainant Narottam Gouda was allegedly sold. 8.

Learned counsel for the petitioner relying on the revenue records at Annexure-3 submit that since 08.07.2022 the title has been restored to the informant, hence further continuance of the petitioner in custody is not warranted.

9.

Taking into account the nature of allegations and the role ascribed to the present petitioner and considering the submission of the learned counsel for the petitioner that the petitioner have no criminal proclivity, 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