Sk. Sukar @ Suka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8251 of 2022 Sk. Sukar @ Suka & Another ....

Petitioners Mr. A.K. Jena, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in Fategarh P.S. Case No.26 of 2022 corresponding to G.R. Case No.26 of 2022, pending before the Court of the learned J.M.F.C., Bhapur, for alleged commission of offences under Section 457/380 of IPC.

4.

Being aggrieved by the Rejection of their application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Khandapara, by order dated 02.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioners submits that the petitioners are remanded in the case at hand only because of their criminal proclivity.

6.

It is stated that in the meanwhile charge-sheet has already been filed, their further continuance in custody is unwarranted.

7.

Learned counsel for the State opposes the prayer for bail, keeping in view the criminal proclivity of the petitioners which is borne out from the Case Diary.

8.

Keeping in view the nature of allegations, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

Additionally it is directed that the petitioners 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