Ajay Kumar Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9724 of 2022 Ajay Kumar Naik & Another ....

Petitioners Mr. P.R. Singh, Advocate -versusState of Odisha ....

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

ORDER

26.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are accused in connection with G.R. Case No.206 of 2022, pending in the Court of learned S.D.J.M., Hindol, arising out of Balimi P.S. Case No.64 of 2022, for alleged commission of offences under Section 379/34 of IPC read with Section 3 of PDPP Act.

5.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Hindol, by order dated 28.09.2022 in the aforementioned case, the present BLAPL has been filed.

6.

It is submitted by the learned counsel for the petitioners that the petitioners have criminal proclivity, though innocent they

have been remanded in the case at hand and they are in custody since 16.09.2022.

7.

Taking into account the nature of allegations, the punishment prescribed and the period of custody, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Keeping in view the criminal antecedents of the petitioners, it is directed that the petitioners shall appear before the Investigating Officer once every week till conclusion of trial. First date and time of such appearance of the petitioners shall be fixed by the learned Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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