Dusa @ Chandra Gadwa v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7558 of 2021 Dusa @ Chandra Gadwa ....

Petitioner Mr. Suchit Kumar Nayak, Advocate -versusState of Orissa ....

Opposite Party Mr. Karunakar Nayak, Additional Standing Counsel for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

06.01.2022 Order No.

04.

1.

Heard learned counsel for the parties and perused the case diary and other relevant papers.

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Jaipatna P.S. Case No.170 of 2021, corresponding to C.T. Case No.164 of 2021, pending in the court of learned J.M.F.C., Jaipatna, for alleged commission of offences under Sections 395/397/400 I.P.C. read with Section 27 of the Arms Act.

3.

Learned counsel for the Petitioner submits that Petitioner is in jail custody since the date of his arrest, i.e. from 18.06.2021. It is further submitted that Petitioner has no criminal antecedents. Learned counsel for the Petitioner files bail applications of the coaccused persons, namely R. Nageswar Rao, Babula @ Babuloc Harijan and Sonu @ Sany Harijan, who have been released on

// 2 // regular bail by this Hon'ble Court in BLAPL Nos.5879 of 2021, 7504 of 2021 and 7455 of 2021 respectively. Accordingly, he prays before this Court for grant of bail at par with the other co-accused persons.

4.

Learned counsel for the State also reiterates the fact that the other co-accused persons have been granted bail by this Hon'ble Court. Learned State counsel further submits that the present Petitioner has no criminal antecedents.

5.

Upon perusal of the Case Diary and the fact that Petitioner has been languishing in jail custody since the date of his arrest, i.e. from 18.06.2021, I am inclined to enlarge the Petitioner on bail in the above case on furnishing a bail bond of Rs.50,000/- (Rupees Fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned court below with condition that he shall not be involved in any criminal activities while on bail and shall report to the I.O. for the purpose of investigation on every Sunday from 10.00 A.M. to 1.00 P.M.. It is open to the court in seisin of the matter to impose any other condition(s) as would be deemed fit and proper in the facts and circumstances of the case. 6.

The BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Judge U.K.Sahoo