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Orissa High CourtBLAPL/9767/2021allowed

Bablu @ Firoz Saha v. State Of Odisha

2022-01-18Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9767 of 2021 Bablu @ Firoz Saha ....

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

Opposite Party Mr. S.S. Mohapatra, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

18.01.2022 Order No.

01.

1. This matter is taken up through video conferencing.

2. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.341/294/323/506/307/34, I.P.C. and Secs.25/27 of the Arms Act.

3. Heard Mr. P.S. Das learned counsel for the Petitioner as well as Mr. S.S. Mohapatra, learned A.S.C. for the State-Opposite Party.

4. It is submitted that the Petitioner has been falsely implicated in the case and he is inside custody since 12.6.2021.

5. Mr. S. S. Mohapatra, learned A.S.C. for the State-Opposite Party opposes the prayer for bail of the Petitioner by submitting that the Petitioner has 20 nos. of criminal antecedents.

6. However, considering the period of detention of the Petitioner inside custody, it is directed to release the Petitioner on bail in connection with Nayapalli P.S. Case No.318/2017 corresponding to C.T. Case No.3634/2017 on such terms and conditions to be fixed by the learned S.D.J.M., Bhubaneswar as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall appear before the IIC, Nayapalli P.S. once in each week till completion of trial. It is made clear that violation of any of the conditions as fixed by this Court or by the court below shall entail cancellation of his bail.

7. The BLAPL is accordingly disposed of.

8. 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 No.514, dated 7th January, 2022.

( B.P. Routray) Judge B.K. Barik