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Orissa High CourtBLAPL/9775/2022allowed

Raju Naik v. State Of Odisha

2022-10-26Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9775 of 2022 Raju Naik ....

Petitioner Mr. L.N. Rayatsingh, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, 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 G.R. Case No.409 of 2022 pending in the file of learned S.D.J.M, Hindol, arising out of Hindol P.S. Case No.127 of 2022, for commission of the offence alleged under Section 392 IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Asst. Sessions Judge, Hindol by order dated 23.09.2022 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 as the Petitioner is in custody since 23.07.2022, the Petitioner may be released on bail.

7.

Learned counsel for the State on the basis of rejection order objects to release the Petitioner on bail, inter alia, on the ground that the Petitioner has criminal proclivity of similar nature. 8.

Taking into account the accusation in the case at hand and since the Petitioner is in custody since 23.07.2022, 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 of the Court in seisin over the matter once every week till submission of final form. The date and time to 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 PKS