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Orissa High CourtBLAPL/9553/2022allowed

Akash Behera v. State Of Odisha

2022-10-19Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9553 of 2022 Akash Behera ....

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

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.10.2022 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.312 of 2022, pending in the file of the learned J.M.F.C., Sheragada, arising out of Sheragada P.S. Case No.265 of 2022, for offences under Sections 379/307/506/34 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, Ganjam, by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the injury report of one Debashis Dora submitted by the learned counsel for the petitioner.

6.

Taking into account the submission of the learned counsel for the petitioner that the injured has 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.

7.

Additionally it is directed that the petitioner shall appear before the Investigating Officer twice every week till conclusion of investigation.

8.

While releasing the petitioner on bail, learned Court in seisin over the matter is requested to verify the criminal antecedent of the petitioner and also call for a report regarding well-being of the injured. If it is found that the petitioner has any criminal antecedent and that the injured is still under treatment, this order shall stand recalled without further reference to this Court. 9.

Accordingly, the BLAPL stands disposed of.

10.

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