T. Laxmikanta @ Kantha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10696 of 2022 T. Laxmikanta @ Kantha ....

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

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

ORDER

23.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. 3.

The petitioner is an accused in connection with G.R. Case No.378 of 2022, pending in the Court of the learned J.M.F.C., Tirtol, arising out of Tirtol P.S. Case No.401 of 2022, for alleged commission of offences under Sections 379/34 of IPC. 4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jagatsinghpur, by order dated 06.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel that the petitioner has been implicated in the case at hand on the basis of statement of the co-accused P. Kameswar, who has since been released on bail by order dated 26.09.2022 in BLAPL No.8883 of 2022.

7.

Taking into account the nature of allegations and the punishment prescribed and considering the period of custody and filing of charge sheet, 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 enlarging the petitioner on bail, the learned Court below shall verify assertion regarding the criminal proclivity of the petitioner. If it comes to the fore that the petitioner has any 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 Ayesha