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Orissa High CourtBLAPL/8333/2022allowed

Ashok Kumar Chindra v. State Of Odisha

2022-09-15Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8333 of 2022 Ashok Kumar Chindra ....

Petitioner Mr. A.K. Raut, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

15.09.2022 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 an accused in C.T. Case No.1179 of 2022, pending in the file of learned S.D.J.M., Jharsuguda, arising out of Jharsuguda P.S. Case No.245 of 2022, offence under Section 457/392/414/34 of IPC and is in custody since 02.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-P.O. Special Court POCSO, Jharsuguda by order dated 24.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that he is in custody since 02.07.2022 and charge sheet has already been filed on 31.07.2022 and also stated that investigation has been concluded; his further continuance in custody is not warranted.

6.

Learned counsel for the petitioner further submits with vehemence that because of his criminal proclivity, the petitioner has been falsely implicated in the case at hand; hence he seeks release of the petitioner.

7.

Learned counsel for the State opposes the prayer for bail on the basis of materials on record which according to him point to the complicity of the petitioner.

8.

Taking into account the period of custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

9.

Taking into account the criminal proclivity of the petitioner this Court directs that he 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 Santoshi