Dipti Ranjan Mohanty v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9974 of 2022 Dipti Ranjan Mohanty ....
Petitioner Mr. D.K. Sahoo, Advocate -versusState of Odisha ....
Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH
ORDER
28.10.2022 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 connection with G.R. Case No.1966 of 2022, pending in the Court of the learned S.D.J.M., Kendrapara, arising out of Kendrapara Sadar P.S. Case No.410 of 2022, for alleged commission of offences under Section 454/380 of IPC.
4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara, 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 20.09.2022 and as investigation has progressed substantially, further continuance of the petitioner in
custody is unwarranted more so since the petitioner is the first offender.
6.
Considering the nature of allegations, period of custody and the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.
7.
While releasing the petitioner on bail the learned Court below shall verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled without any further reference to this Court. 8.
Accordingly, the BLAPL stands disposed of.
9.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha