Rishikesh Bahadur Sunar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8525 of 2022 Rishikesh Bahadur Sunar ....

Petitioner Mr. B.K. Ragada, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.09.2022 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 Belpahar P.S. Case No.101 of 2022 corresponding to C.T. Case No.1078 of 2022, pending in the file of learned S.D.J.M., Jharsuguda, for 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, Jharsuguda, by order dated 11.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that in the meanwhile charge-sheet has already been submitted on 30.08.2022, hence further continuance of the petitioner in custody i.e. 26.07.2022 is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the manner in which the offence has

been committed, the petitioner ought not to be allowed to go on bail at this stage.

7.

Considering the submissions at the Bar, keeping in view that the petitioner has no criminal antecedent, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

While releasing the petitioner on bail the learned Court below shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled without any further reference to this Court. 9.

Accordingly, the BLAPL stands disposed of.

10.

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