A. Ganapati Rao v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9401 of 2022 A.Ganapati Rao ....
Petitioner Ms. S. Patro, Advocate -versusState of Orissa ....
Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH
ORDER
12.10.2022 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 G.R. Case No.1498 of 2022, pending before the learned S.D.J.M., Berhampur, Ganjam, arising out of Berhampur Town P.S. Case No.175 of 2022, for commission of offences under Sections 420/272/273/482/483/488/34 of IPC read with Section 52(a)(i)/55 of Odisha Excise Act & Section 51/52/55/56/59 of Food Safety and Standards Act, 2006.
4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Berhampur, Ganjam, by order dated 12.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.
It is submitted by the learned counsel for the petitioner that since charge-sheet has already been filed on 02.08.2022 and submitting that the present petitioner is working under the principal
accused Kalia Sahu and also stated that the petitioner is a first offender, it is submitted that his further continuance in custody is unwarranted.
6.
Learned counsel for the State opposes the prayer for bail inter alia on the ground that the natures of allegations are serious and is a threat to public health.
7.
Taking into account the period of custody since 05.07.2022 and filing of charge-sheet and the petitioner being a first offender, 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 jurisdictional police station once every week, the date and time to be fixed by the learned Court in seisin over the matter till the conclusion of trial,.
9.
Accordingly, the BLAPL stands disposed of.
10.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha