Kshyeeteswar Bhue v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10481 of 2022 Kshyeeteswar Bhue ....

Petitioner Mr. S.K. Jena, Advocate -versusState of Odisha ....

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

ORDER

16.11.2022 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 accused in 2(a)CC Case No.308 of 2022 pending on the file of learned S.D.J.M., Bargarh, arising out of P.R. Case No.292 of 2022-23, for commission of offence under Section 52(a)(i) of the Odisha Excise Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Bargarh by order dated 20.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the period of custody of the Petitioner since 16.10.2022 and the nature of allegation, 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.

7.

Additionally, it is directed that the Petitioner shall appear before the I.O till submission of final P.R.

8.

While releasing the bail, learned Court in seisin shall verify the criminal antecedent of similar nature. If it comes to the fore that the Petitioner has such criminal antecedent, this order shall stand recalled.

9.

Accordingly, the BLAPL stands disposed of.

10.

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