← Library
Orissa High CourtBLAPL/9595/2021disposed off

Chakra@ Chakradhar Bata v. State Of Odisha

2022-05-18Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9595 of 2022 Chakra @ Chakradhar Bata ....

Petitioner Mr. C. Pradhan, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.05.2022 04.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents as well as statement of the witnesses. 3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The petitioner is an accused in C.T. Case No.1673 of 2019 arising out of Dharmasala P.S. Case No.542 of 2019 pending in the court of learned J.M.F.C., Chandikhole for commission of offence punishable under Section 341/342/323/379/384/302/34, I.P.C. 5.

It is submitted by learned counsel for the petitioner that other co-accused persons have already been released on bail by this Court by order dated 20.01.2022 in BLAPL No.10166 of 2021 and order

// 2 // dated 01.120.2020 in BLAPL No.2763 of 2021.

6.

Taking into account the submissions made; further keeping in view the materials on records with other surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order passed by the learned Sessions Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that the Petitioner shall appear in person before the Court in seins of the case on each and every date of posting of the case till conclusion of the trial; shall report before the Inspector-in-Charge of the concerned P.S on every Monday in between 10.00 am to 2.00 pm till conclusion of the trial; and shall not indulge himself in any criminal activity.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 8.

The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu