Kalia @ Geda Kalia Behera @ Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9648 of 2022 Kalia @ Geda Kalia Behera @ Bhoi ....

Petitioner Mr. T.P. Mohapatra, Advocate -versusState of Orissa ....

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

ORDER

06.12.2022 Order No.

03.

1.

Heard learned senior counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with G.R. Case No.112 of 2022, pending in the Court of the learned S.D.J.M., Puri, arising out of Puri G.R.P.S. Case No.4 of 2022, for alleged commission of offences under Sections 120(B)/364/343/302/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Puri, by order dated 26.05.2022 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 22.01.2022 and since charge-sheet has been filed on 20.05.2022, keeping in view the nature of allegations, further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail and places the dying declaration of Prasanta Pradhan, in which he has categorically named the present petitioner. 7.

Taking into account the dying declaration as noted above, this Court is not inclined to entertain this bail application. 8.

Accordingly, the BLAPL stands rejected.

(V. NARASINGH) Judge Ayesha