← Library
Orissa High CourtBLAPL/8622/2022allowed

Anil Kumbhar @ Tiku v. State Of Odisha

2022-09-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8622 of 2022 Anil Kumbhar @ Tiku ....

Petitioner Mr. J. Sahu, Advocate -versusState of Orissa ....

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

ORDER

21.09.2022 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 an accused in Padampur P.S. Case No.39 dated 13.02.2022 corresponding to G.R. Case No.150 of 2022, pending in the Court of the learned S.D.J.M., Padampur, for offences under Sections 274/275/34 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, Padampur, by order dated 17.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the State opposes the prayer for bail on account of criminal antecedent of the co-accused. 6.

Keeping in view that the petitioner is in custody since 13.02.2022 and submission of charge-sheet on 31.03.2022 and taking into account the nature of allegations, this Court directs the

petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

7.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial.

8.

It is apt to note here that this order shall not be cited as a precedent in respect of the co-accused MD Sagir who evidently has criminal antecedents.

9.

Accordingly, the BLAPL stands disposed of.

10.

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