Krushna Chandra Swain@ Kalu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7518 of 2021 Krushna Chandra Swain @ Kalu ....

Petitioner Mr.Biswajit Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr.M.K.Mohnty,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.02.2022 3.

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 Nayagarh Sadar P.S.Case No.124 of 2020, corresponding to G.R.case No. 478 of 2020 and further corresponding to S.T.Case No.35 of 2021, pending in the Court of the learned S.D.J.M., Nayagarh for alleged commission of offences under Sections 302,109/34 of the Indian Penal Code.

3.

Learned counsel for the Petitioner submits that the petitioner is in custody since 11.11.2020 and charge sheet has been filed in the 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

// 2 // parties as well as on perusal of the records and on consideration of the peculiar facts and circumstances of the case and considering the fact that the petitioner is languishing in custody since 11.11.2020 and charge sheet has been filed in the case, 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 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 and shall appear before the trial court on each date of posting of the case for trial. 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