Arjuna @ Arjun Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8648 of 2022 Arjuna @ Arjun Behera ....
Petitioner Mr. S. Das, Advocate -versusState of Odisha ....
Opposite Party Mr. P.K. Maharaj, 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 G.R. Case No.1160 of 2022, pending in the file of learned S.D.J.M. Angul, arising out of Angul Sadar P.S. Case No.598 of 2022, offence under Sections 407/120(B) of the IPC and is in custody since 13.08.2022. 4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Judge (Vigilance), Angul by order dated 02.09.2022 in the aforementioned case, the present BLAPL has been filed.
5.
It is submitted by the learned counsel for the petitioner that basis of implication is on account of co-accused statement, hence his further continuance in custody is not warranted and he be released on bail.
6.
Learned counsel for the State opposes the prayer for bail inter alia on the ground that investigation is yet to be concluded. 7.
Taking into account the nature of allegations and the punishment prescribed and substantial progress in the investigation, 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.
Additionally, it is directed that the petitioner shall appear before the local police station once every week till the submission of charge sheet.
9.
While enlarging the petitioner on bail the learned court below shall verify assertion regarding his criminal proclivity. If it comes to the fore that the petitioner has any criminal antecedent this order shall stands recalled.
10.
Accordingly, the BLAPL stands disposed of.
11.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi