Budhia @ Kamalakanta Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9733 of 2022 Budhia @ Kamalakanta Das ....

Petitioner Mr. D. Behury, 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 petitioner and learned counsel for the State.

3.

The petitioner is an accused in connection with C.T. Case No.1032 of 2019, pending in the Court of the learned J.M.F.C., Soro, arising out of Khaira P.S. Case No.224 of 2019 for alleged 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 Assistant Sessions Judge, Soro, by order dated 28.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner has been remanded in the case at hand though innocent.

6.

It is further submitted that the petitioner is in custody since 25.08.2022 and as investigation has progressed substantially, his further continuance in custody is unwarranted. 7.

Learned counsel for the State opposes the prayer for bail inter alia on the ground of criminal proclivity of the petitioner. 8.

Considering the manner of accusation and the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

Keeping in view the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of the final form. The date and time of such appearance shall be fixed by the learned Court in seisin over the matter.

10.

Accordingly, the BLAPL stands disposed of.

11.

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