Umi @ Umesh Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9891 of 2022 Umi @ Umesh Behera ....

Petitioner Mr. S.K. Samantaray, 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.1083 of 2022, pending in the file of learned S.D.J.M.(S), Cuttack, arising out of Cantonment P.S. Case No.122 of 2022, offence under Sections 379/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge (Vigilance), Cuttack 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 petitioner is in custody since 23.09.2022 and charge sheet has already been filed on 28.09.2022 and keeping in view the nature of allegations and punishment prescribed, further continuance of the petitioner in custody is not warranted.

6.

It is also stated that co-accused have been released on bail by this Court by order dated 26.10.2022 in BLAPL No.9811 of 2022.

7.

Taking into account the nature of allegations and punishment prescribed and release of co-accused, 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 Petitioner shall appear before the jurisdictional police station once every week till submission of final form. The date and time of such appearance to be fixed by the learned Court in seisin over the matter. 9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH) Judge Santoshi