Sitaram Bindhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9572 of 2022 Sitaram Bindhani ....

Petitioner Mr. S. Dwibedi, 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 petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with G.R. Case No.653 of 2021, pending in the file of learned S.D.J.M., Patnagarh, arising out of Khaprakhol P.S. Case No.122 of 2021, for commission of offences under Section 399/402 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, Patnagarh, by order dated 09.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner that the petitioner has been implicated and remanded in the case on the basis of co-accused statement and he is in custody since 30.04.2022

and it is stated that since investigation has progressed substantially, his further continuance in custody is unwarranted. 7.

Learned counsel for the State opposes the prayer for bail on account of criminal proclivity of the petitioner. 8.

Taking into account the nature of allegations and the period of custody, 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.

9.

Additionally it is directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion 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