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Orissa High CourtBLAPL/10198/2022allowed

Rashmi Ranjan Hota v. State Of Odisha

2022-12-07Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10198 of 2022 Rashmi Ranjan Hota ....

Petitioner Mr. S.S. Panda, Advocate -versusState of Odisha ....

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

ORDER

07.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in G.R. Case No.161 of 2022, pending in the file of learned S.D.J.M., Bhadrak, arising out of Bhadrak Town P.S. Case No.31 of 2022, for commission of alleged offences under Sections 420/406/409 of IPC and is in custody since 23.08.2022.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhadrak by order dated 29.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 23.08.2022 and as charge sheet has already been filed on 23.09.2022, further continuance of the petitioner in custody is not warranted.

5.

It is submitted by the learned counsel for the petitioner that even if the entire prosecution allegation is accepted at its face value, there are no materials on record to link the petitioner with the alleged crime.

6.

Such submission is refuted by the learned counsel for the State relying on the statements on record and also the account statement.

7.

Considering the filing of charge sheet and period of custody, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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