Simanchala Biswasray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9890 of 2022 Simanchala Biswasray ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

27.10.2022 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.260 of 2022, pending in the file of learned N.G.N.-cum-J.M.F.C., Sanakhemundi, arising out of Pattapur P.S. Case No.267 of 2022, offence under Sections 419/420/467/468/471/120-B/34 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Berhampur, Ganjam by order dated 24.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that the co-accused persons have already been released on bail by this Court by order dated 21.10.2022 in BLAPL No.9676 of 2022, further continuance of the petitioner in custody is not warranted.

6.

It is submitted that though the petitioner has no complicity but he has been arrayed as an accused since he is husband of the principal accused.

7.

Taking into account the nature of allegations qua the petitioner and release of the co-accused as noted above and considering that the petitioner is in custody since 18.08.2022 and substantial progress of investigation, 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.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi