Kshyamananda Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9227 of 2021 Kshyamananda Naik ....

Petitioner Mr. Smruti Ranjan Rout, Advocate -Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 03.02.2022 1.

This matter is taken up through virtual mode. Order No.

1`.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is in custody since 30.09.2021 in connection with Kishorenagar P.S. Case No. 73 of 2019 corresponding to G.R. Case No. 303 of 2019 pending in the court of learned S.D.J.M., Athamallik for the alleged commission of offence under Sections 392/34 of IPC.

4.

It is submitted that the FIR was submitted against unknown persons and the petitioner, who was in custody in connection with some other case, was taken on remand in this case entirely on the basis of the statement of the co-accused persons and further nothing was seized from his possession.

5.

Learned Additional Standing Counsel has opposed the prayer for bail by submitting that the petitioner appears to be habitual offender being involved in series of criminal cases.

6.

Considering the submissions made and the fact that the charge sheet has already been submitted in the case, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the court in seisin over the matter on each date of posting the case, failing which warrant may be issued to take into custody and further he shall appear before the IIC of Parjanga Police Station once in every fortnight for a period of six months.

7.

The BLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu