Nagen Kumar Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10087 of 2022 Nagen Kumar Naik ....

Petitioner Mr. P.S. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

02.11.2022 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.819 of 2022, pending in the file of learned J.M.F.C., Chhendipada, arising out of Chhendipada P.S. Case No.423 of 2022, for alleged commission of offence under Sections 341/294/323/307/506 of IPC read with Section 25 and 27 of the Arms Act and is in custody since 03.09.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Angul by order dated 26.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is on record that the matter is settled between the parties and the injuries suffered are simple in nature. Relying on the same, learned counsel for the petitioner seeks release.

7.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that one pistol along with five numbers of live catridges have been seized from the conscious possession of the petitioner and that he has antecedents of similar nature. 8.

Taking into account that the case at hand has been settled out of court as stated, 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.

9.

Additionally it is directed that he shall appear before the jurisdictional police station once every week till submission of final form. Date and time of such appearance shall be fixed by the learned Court in seisin over the matter.

10.

Accordingly, the BLAPL stands disposed of.

11.

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