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Orissa High CourtBLAPL/9565/2022allowed

Ajit Kumar Swain v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9565 of 2022 Ajit Kumar Swain & Another ....

Petitioners Mr. S.S. Ray 2, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 petitioners and learned Additional Standing Counsel for the State.

3.

The petitioners are accused in connection with G.R. Case No.620 of 2022, pending in the file of learned J.M.F.C., Aska, arising out of Aska P.S. Case No.278 of 2022, for commission of offences under Sections 450/294/324/326/307/379/506/109/34 of IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Aska, by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioners that in the meanwhile charge-sheet has already been filed on 30.08.2022, hence further continuance of the petitioners in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Perused the injury report of the injured Bighneswar Muni. 8.

It is stated by the learned counsel for the petitioner on instruction that the injured has fully recovered and is leading a normal life and the petitioners are the first offenders. 9.

Taking into account the same, this Court directs the petitioners to be released on bail. Learned Court in seisin over the matter shall fix the terms so as to ensure the presence of the petitioners on each date of trial.

10.

Accordingly, the BLAPL stands disposed of.

11.

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