Lalu Mandal @ Virat Kumar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9878 of 2022 Lalu Mandal @ Virat Kumar ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

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

ORDER

22.11.2022 Order No.

03.

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.32 of 2022 pending on the file of learned G.N.-cum-J.M.F.C., Sukinda, arising out of Sukinda P.S. Case No.13 of 2022, for commission of offence under Section 420 IPC and Sections 66(C)/66(D) of the I.T Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District & Sessions Judge, Jajpur Road by order dated 29.09.2022 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 17.09.2022 and as charge sheet has been filed on 29.10.2022, as submitted by the learned counsel for

the State, on instruction, his further continuance in custody in view of the nature of allegation is punitive.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the nature of allegation, period of custody and age of the Petitioner, 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.

Additionally, it is directed that the learned Court in seisin shall fix such terms so as to ensure the presence of the Petitioner on each date of trial since he does not reside within the territorial jurisdiction of the Court.

9.

Accordingly, the BLAPL stands disposed of.

10.

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