Nityananda Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8904 of 2022 Nityananda Meher ....

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

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

ORDER

26.09.2022 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.505 of 2022, pending in the file of learned S.D.J.M., Patnagarh, arising out of Belpada P.S. Case No.120 of 2022, offence under Sections 272/274/275/120(B) of IPC and is in custody since 04.08.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Patnagarh by order dated 06.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the nature of allegations, period of custody and there has been substantial progress in the investigation and considering the submission of the learned counsel for the

petitioner that he has no criminal antecedents, 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.

7.

Additionally it is directed that the petitioner shall appear before the Investigation Officer once in a week till the conclusion of investigation 8.

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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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