Dushmanta Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10778 of 2022 Dushmanta Naik ....

Petitioner Mr. S.R. Rout, Advocate -versusState of Orissa ....

Opposite Party Mr. K.K. Gaya, 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 connection with C.T. Case No.277 of 2022, pending in the Court of the learned S.D.J.M., Bargarh, arising out of Bargarh Sadar P.S. Case No.74 of 2022, for alleged commission of offences under Section 379 of IPC read with Section 15(2)/15(4) of PMPL Amendment Act, Sections 3/4 of PDPP Act and Sections 3/4 of Explosive Substances Act. 4.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bargarh, by order dated 22.10.2022 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 was implicated on the basis of statement of the co-accused Sonu

Kumar Jena, who has since been released on bail by this Court by order dated 16.09.2022 in BLAPL No.4812 of 2022. 7.

Considering the basis of implication, nature of allegations and the punishment prescribed, 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.

8.

Keeping in view the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the Investigating Officer once every week till conclusion of trial. 9.

Accordingly, the BLAPL stands disposed of.

10.

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