Md. Arbaj @ Manglu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8502 of 2022 Md. Arbaj @ Manglu ....

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

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.12.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in G.R. Case No.154 of 2022 pending on the file of learned N.G.N-cum-J.M.F.C., Tangi, arising out of Nirakarpur P.S. Case No.53 of 2022, for commission of offence under Sections 395/412/414/34 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Khurda by order dated 09.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 06.04.2022 and he has been arrested in the case basing on the statement of Sk. Juma and Amjad Khan. It is stated that co-accused Raju @ Basiruddin Khan @ Basirulla Khan has

been released on bail by order dated 20.12.2022 in BLAPL No.11696 of 2022. Hence, he seeks release.

5.

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioner has criminal antecedent of similar nature.

6.

Considering the basis of implication and release of the coaccused, 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. 7.

Keeping in view the criminal proclivity, additionally it is directed that the Petitioner shall appear before the jurisdictional police station twice every week till conclusion of trial. The date and time to be fixed by the learned Court in seisin over the matter. Certification of such appearance shall be submitted to the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS