Zia Ui Seikh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9046 of 2021 Zia Ul Seikh ....

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

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

03.01.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard Mr. J.Mohapatra, learned counsel for the Petitioner and Mr. P.Tripathy, learned Addl. Standing Counsel for the State.

3. The petitioner is in custody since 18th August 2021 in connection with Kuakhia P.S. Case No.273/2021 corresponding to C.T. Case No.1691/2021 pending in the court of learned S.D.J.M., Jajpur for the alleged commission of the offence under Section 457/395 of IPC.

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4. The prosecution allegation is that on 18th August, 2021 the Petitioner along with three other persons entered into the jewelry shop of the informant after cutting the iron grill of a window using gas cutter, stolen gold ornaments and cash from the shop.

5. Learned counsel for the Petitioner submits that the Petitioner has been falsely entangled in this case and he has also not been identified in the T.I. parade. That part, it is also submitted that the Petitioner has no criminal antecedents.

6. Learned Addl. Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that there are adequate materials to show the complicity of the present Petitioner in the occurrence.

7. Having regard to the submissions made, the materials on record and the fact that the stolen articles are not very substantial and most of it has been recovered, I am inclined to release the Petitioner on bail.

8. Let the Petitioner- Zia Ul Seikh be released on bail in the aforesaid by the court in seisin over the matter on the following conditions:- (i) He shall furnish bail bond for Rs.50,000/- (rupees fifty thousand) with two sureties, each for

// 3 // the like amount to the satisfaction of the court with one of them belonging to Jajpur District; (ii) He shall appear before the IIC of Kuakhia P.S. once every fortnight till submission of final form; and (iii) He shall not leave the territorial jurisdiction of the court in seisin over the matter without seeking leave of such court

9. The BLAPL is disposed of.

10. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge