Sanjaya Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9547 of 2022 Sanjaya Kumar Behera ....

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

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

ORDER

28.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with G.R. Case No.649 of 2022, pending in the file of the learned J.M.F.C., Aska, arising out of Dharakote P.S. Case No.139 of 2022, for alleged commission of offences under Sections 341/323/325/506/307 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, by order dated 08.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the petitioner is in custody since 08.06.2022 and charge-sheet has been filed on

23.07.2022, hence further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State while not disputing the filing of charge-sheet, submits that the injuries suffered are grievous in nature and taking into account the criminal antecedent of the petitioner, his release would be a threat to the injured and his family, who are none other than his parents.

7.

Considering the filing of charge-sheet and the submission of the learned counsel for the petitioner that the injured-father has recovered and is 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.

8.

To instill a sense of confidence in the injured-father and the family, this Court directs that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin over the matter till conclusion of trial. Certification of such appearance shall be submitted to the jurisdictional Court.

9.

Accordingly, the BLAPL stands disposed of.

10.

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