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Orissa High CourtBLAPL/10161/2022allowed

Rahul Mahanta v. State Of Odisha

2022-12-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10161 of 2022 Rahul Mahanta ....

Petitioner Mr. S. Das , 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 petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with Special G.R. Case No.693 of 2022, pending in the Court of the learned J.M.F.C. Barbil, arising out of Bamebari P.S. Case No.155 of 2022 for commission of alleged offences under Sections 394 of IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua, by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 26.08.2022 and as charge has already been filed on 30.09.2022, further continuance of the petitioner in custody is not warranted. 5.

Learned counsel for the State opposes the prayer for bail, inter alia, on the ground of criminal proclivity of the petitioner which has been reflected in the order of rejection.

Taking into account the nature of allegations in the case at hand, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 7.

Keeping in view the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the jurisdictional police station once 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