Tinku @ Biswajit Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9423 of 2022 Tinku @ Biswajit Samal ....

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

Opposite Party Mr. K.K. Gaya, ASC Mr. S.Samal, Advocate (informant) CORAM: JUSTICE V. NARASINGH

ORDER

13.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. 3.

The petitioner is an accused in connection with C.T. Case No.1412 of 2022, pending on the Court of the learned S.D.J.M., Chandikhol, arising out of Dharmasala P.S. Case No.512 of 2022, for commission of offences under Sections 379/294/120-B/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Chandikhol, by order dated 20.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the nature of allegations and period of custody from 13.09.2022 and release of the co-accused by this

Court by order dated 11.10.2022 in BLAPL No.9327 of 2022, as submitted by the learned counsel for the petitioner, 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.

It is submitted that the petitioner is the first offender. While releasing the petitioner on bail the learned Court below shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedent this order shall stand recalled without any further reference to this Court.

8.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days till submission of final form.

9.

Accordingly, the BLAPL stands disposed of.

10.

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