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Orissa High CourtBLAPL/8401/2022allowed

Puran Nag v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8401 of 2022 Puran Nag ....

Petitioner Mr. T. Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, 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 accused in Khaparakhol P.S. Case No.152 of 2021 corresponding to G.R. Case No.827 of 2021, pending in the Court of the learned S.D.J.M., Patnagarh, for the alleged commission of offences under Section 394 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, Patnagarh, by order dated 19.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner relying on the orders of this Court by order dated 21.02.2022 in BLAPL No.11643 of 2021, order dated 21.02.2022 in BLAPL No.11642 of 2021, order dated 02.05.2022 in BLAPL No.3096 of 2022, order dated 06.07.2022 in BLAPL No.5646 of 2022, and order dated 25.08.2022 in BLAPL No.11633 of 2021, in which the

co-accused who are stated to have been identified in T.I. parade have been released on bail.

6.

It is submitted that since the petitioner is on a better footing, his further continuance in custody is not warranted. 7.

Learned counsel for the State on the basis of recitals in the Case Diary states that the petitioner is the master mind and therefore he cannot equate with others.

8.

Be that as it may, since the co-accused persons have been released on bail and admittedly investigation have been concluded, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

Keeping in view the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the jurisdictional police station once every week till 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