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Orissa High CourtBLAPL/9034/2022allowed

Tularam Bhoi v. State Of Odisha

2022-09-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9034 of 2022 Tularam Bhoi ....

Petitioner Mr. Debabrata Dash, Advocate -versusState of Odisha ....

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

ORDER

27.09.2022 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 C.T Case No.435 of 2022 pending in the file of learned S.D.J.M., Dharamgarh, arising out of Kegaon P.S. Case No.146 of 2022, offence under Sections 323/506/307 IPC and is in custody since 13.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dharamgarh by order dated 14.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Considering the submission of the learned counsel for the Petitioner, on instruction, that in the meanwhile the victim has been recovered and leading a normal life, 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. Additionally it is directed that the Petitioner shall appear before the I.O once every week till conclusion of the investigation.

6.

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 stand recalled.

7.

Accordingly, the BLAPL stands disposed of.

8.

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