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Orissa High CourtBLAPL/8714/2022allowed

Krishna @ Amzad Khan v. State Of Odisha

2022-09-22Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8714 of 2022 Krishna @ Amzad Khan ....

Petitioner Mr. S. Behera, Advocate -versusState of Odisha ....

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

ORDER

22.09.2022 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 Chandapur P.S. Case No.37 of 2022 corresponding to G.R. Case No.5106 of 2022, pending before the learned J.M.F.C., Ranpur, for offences under Section 379 of IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nayagarh, by order dated 18.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that he is no way connected with the crime as alleged but because of his criminal proclivity he has been remanded in the case at hand on 18.05.2022.

7.

Learned counsel for the State opposes the prayer for bail, relying on the criminal antecedents as evidenced from the order of rejection.

8.

Taking into account the basis of implication in the case at hand, 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. 9.

Considering the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the jurisdictional police station twice every week till conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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