Narendra Dalei @ Narahari @ Kanhu Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7467 of 2021 Narendera Dalei @ Narahari @ Kanhu Dalei ....

Petitioner Mr.S.R.Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr.K.K.Nayak,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.02.2022 2.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with Kuakhia P.S.Case No.94 of 2021, corresponding to C.T. Case No.510 of 2021, pending in the Court of the learned S.D.J.M., Jajpur for alleged commission of offences under Sections 147, 148, 341,323,302/149 of the Indian Penal Code.

3.

Learned counsel for the Petitioner submits that there is no specific allegation of assault against the Petitioner and charge sheet has been submitted in this case.

4.

Learned Additional Standing Counsel vehemently opposes the prayer for bail of the Petitioner on the ground that if the petitioner is released on bail he may terrorize the witnesses. Upon consideration of the submissions made by the respective parties as well as on perusal of the records and on consideration of

// 2 // the peculiar facts and circumstances of the case and considering the fact that co-accused persons have been released on bail by this Court in BLAPL No.4599 of 2021 and BLAPL No.4456 of 2021, I am inclined to release the Petitioner on bail in the above case, on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to condition that the Petitioner shall not indulge in such type of offence while on bail and shall appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. till disposal of the case. Further, it is open to the court in seisin over the matter to impose any additional condition (s), if situation so warrants. 6.

The BLAPL is accordingly disposed of.

7.

Issue urgent certified copy of this order as per Rules. RKS ( A.K. Mohapatra ) Judge