Aru@ Arun Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.9689 OF 2021 Aru @ Arun Behera & Four Others ....

Petitioners Mr. Ronit Ghosh, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC.,

CORAM:

MR. JUSTICE D.DASH

ORDER

18.01.2022 01.

1.

This matter is taken up through video conferencing Order No.

mode.

2.

The Petitioners being in custody in connection with Kaniha Range O.R. Case No.35K of 2021-22 corresponding to 2(b)C.C. Case No.09 of 2021 on the file of learned S.D.J.M., Talcher running for commission of offence under section -9 of the Wildlife (Protection) Act read with Section-51 of the Wildlife (Protection) Act, 1972 have filed this application under section 439 of the Cr.P.C. for their release on bail. 3.

Heard learned counsel for the Petitioners and learned Counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on record as those stand against the Petitioners with other surrounding circumstances including the period of detention of the Petitioners in custody and on going through the order passed by the learned Addl. Sessions

// 2 // Judge and in the absence of any such impediment; while being inclined to grant bail to the Petitioners in the aforesaid case; it is directed that the Petitioners be released on bail in the aforesaid case on such terms and condition as deemed just and proper by the court is seisin of the case with further conditions that they will not indulge in commission of similar activity; shall appear before the Court in seisin of the case on each and every date of posting of the case till conclusion of the trial; will appear before the Asst. Conservator of Forest, Angul Division every Monday for a period of one year or till conclusion of the trial, whichever is earlier; and will not enter into the reserve forest/ protected forest without prior permission of the Authority.

Violation of any of the above condition(s) shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of.

6.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned Counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (D.Dash), Judge.

Narayan