Tapan Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9806 of 2022 Tapan Kumar Das ....

Petitioner Mr. A.K. Nath, Advocate -versusState of Odisha ....

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

ORDER

22.11.2022 Order No.

02.

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 C.T. Case No.549 of 2022 pending on the file of learned J.M.F.C., Basta, arising out of Basta P.S. Case No.223 of 2022, for commission of offence under Sections 341/294/324/354/509 IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balasore by order dated 27.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 16.09.2022 and as charge sheet has been filed on 17.09.2022, his further continuance in custody in the present case is not warranted.

6.

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground that the Petitioner has criminal proclivity, as borne out from the order of rejection.

7.

Taking into account the filing of charge sheet in the case at hand, 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. 8.

Keeping in view the criminal proclivity, additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. 9.

Accordingly, the BLAPL stands disposed of.

10.

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