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Orissa High CourtBLAPL/8748/2022allowed

Anil @ Bapun Patra v. State Of Odisha

2022-09-23Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8748 of 2022 Anil @ Bapun Patra and others ....

Petitioners Mr. D. Mishra, Advocate -versusState of Odisha ....

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

ORDER

23.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are accused in G.R. Case No.1518 of 2022 pending in the file of learned S.D.J.M., Keonjhar, arising out of Keonjhar Sadar P.S. Case No.327 of 2022, offence under Sections 379/411/34 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, Keonjhar by order dated 05.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted that the petitioners are in custody since 17.08.2022 and they have no criminal proclivity. Taking into account the nature of allegations and the punishment prescribed and as the investigation has substantially progressed as stated by the

learned counsel for the petitioners, this Court directs the petitioners to released on bail on such terms to be fixed by the learned Court in seisin over the matter.

7.

While enlarging the petitioners on bail the learned court below shall verify assertion regarding their criminal proclivity. If it comes to the fore that the petitioners have any criminal antecedent this order shall stands recalled.

8.

Accordingly, the BLAPL stands disposed of.

9.

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