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Orissa High CourtBLAPL/9138/2022allowed

Hemanta Kumar Pradhan v. State Of Odisha

2022-09-28Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9138 of 2022 Hemanta Kumar Pradhan ....

Petitioner Mr. B.N. Mahapatra, Advocate -versusState of Orissa ....

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

ORDER

28.09.2022 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 connection with C.T. Case No.1136 of 2022, pending before the learned J.M.F.C., Jajpur Road, arising out of Panikoili P.S. Case No.200 of 2022, for offences under Sections 370/370(A)(2) of IPC read with Section 3/4/5/6 of Prevention of Immoral Traffic Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jajpur Road, by order dated 09.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 31.08.2022 and as investigation has progressed substantially, further detention of the petitioner in custody is unwarranted more so when the petitioner does not have criminal antecedents of similar nature.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that it is clearly borne out from the record that the petitioner is the principal accused and he ought not to be released when admittedly investigation is going on. 7.

Considering the period of custody and the nature of accusation and that investigation has progressed substantially, 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. 8.

Additionally it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of charge-sheet.

9.

Accordingly, the BLAPL stands disposed of.

10.

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