Indrajit Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8885 of 2022 Indrajit Sahu ....

Petitioner Mr. D.R. Mishra, Advocate -versusState of Odisha ....

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

ORDER

23.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner and learned counsel for the State 2.

The petitioner is an accused in G.R. Case No.144 of 2022, pending in the Court of the learned S.D.J.M., Sonepur, arising out of Sonepur P.S. Case No.160 of 2022, for commission of alleged offences under Sections 395 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Sonepur by order dated 05.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 04.08.2022 and on instruction submits that charge-sheet has been filed on 29.09.2022, hence further continuance of the petitioner in custody is not warranted.

5.

It is submitted that taking into account the nature of allegations, no case under Section 395 of IPC is prima facie made out against the petitioner.

6.

On instruction, it is stated that the informant himself is an accused in Manamunda P.S. Case No.126 of 2022 and Binika P.S. Case No.186 of 2022 and it is stated that taking into account the character antecedent of the informant, the allegations as made, is highly improbable.

7.

Learned counsel for the State opposes the prayer for bail on the ground that the petitioner has criminal antecedents of similar nature, though does not dispute that the informant is also a history sheeter.

8.

Taking into account the filing of charge-sheet, this Court directs the petitioner to be released on bail on such terms to be field by the learned Court in seisin.

9.

Keeping in view the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi