Binod Das @ D. Binod v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10041 of 2022 Binod Das @ D. Binod and others ....

Petitioners Mr. R. Chhotaray, Advocate -versusState of Odisha ....

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

ORDER

21.12.2022 Order No.

03.

1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

The petitioners are accused in connection with C.T. Case No.768 of 2022, pending in the Court of the learned S.D.J.M. Udala, arising out of Udala P.S. Case No.257 of 2022, for commission of alleged offences under Sections 399/402 of IPC. 3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge (Vigilance), Baripada by order dated 28.09.2022 in the aforementioned case, the present BLAPL has been filed. 4.

It is submitted that petitioners are in custody since 21.08.2022 and as charge sheet has been filed on 23.11.2022, their further continuance in custody is not warranted. 5.

Learned counsel for the State submits that the petitioners have number of criminal antecedents of similar nature and hence they ought not to be released on bail merely because charge sheet has been filed.

6.

Taking into account the nature of allegations and punishment prescribed and the age of the petitioners, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Keeping in view their criminal proclivity, this Court directs the petitioners to appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

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

(V. NARASINGH) Judge Santoshi