Sanjaya Benia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10429 of 2022 Sanjaya Benia ....

Petitioner Mr. T.K. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

15.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with G.R. Case No.734 of 2022, pending in the Court of the learned S.D.J.M., Jeypore, arising out of Jeypore Sadar P.S. Case No.224 of 2022, for alleged commission of offences under Sections 457/380 of the IPC. 4.

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

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 20.08.2022.

6.

On instruction, learned counsel for the petitioner submits that the co-accused has been released on bail by this Court by order dated 14.11.2022 in BLAPL No.10411 of 2022.

7.

Taking into account the release of the co-accused and the age of the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

While releasing the petitioner on bail, the learned Court below shall verify assertion regarding to the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled without any further reference to this Court.

9.

Accordingly, the BLAPL stands disposed of.

10.

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