Ramesh Chouhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10268 of 2022 Ramesh Chouhan ....

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

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.12.2022 Order No.

03.

1.

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

2.

The petitioner is accused in C.T. Case No.2611 of 2021, pending on the file of the learned S.D.J.M., Jharsuguda arising out of Orient P.S. No.158 of 2021, for commission of alleged offences under Sections 380/457 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jharsuguda, by order dated 19.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 24.07.2022 and charge sheet has already been filed 31.07.2022, his further continuance in custody is not warranted. 5.

It is stated that the implication of the petitioner in the case at hand is on account of the co-accused statement one Suraj Prasad

who has since been released on bail by the learned Court below. Hence the petitioner seeks release.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner has series of criminal antecedents.

7.

Considering the manner of implication 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.

8.

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. 9.

Accordingly, the BLAPL stands disposed of.

10.

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