Y. Mohan Rao @ Y. Mohan Babu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10734 of 2022 Y. Mohan Rao @ Y. Mohan Babu ....

Petitioner Mr. B.P. Das, Advocate -versusState of Odisha ....

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

ORDER

24.11.2022 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 G.R. Case No.476 of 2022, pending in the file of learned J.M.F.C., Kashipur, arising out of Tikiri P.S. Case No.138 of 2022, for commission of alleged offences under Sections 52(a) of Odisha Excise Act, 2008. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Rayagada by order dated 26.10.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the nature of allegations and that the petitioner is in custody since 16.10.2022, 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.

6.

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

7.

Accordingly, the BLAPL stands disposed of.

8.

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