Lucky @ Akbar Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9833 of 2021 Lucky @ Akbar Khan & Others ....

Petitioners Mr.A.K. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Das, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

19.01.2022 01.

1.

This matter is taken up through video conferencing Order No.

mode.

2.

The Petitioners being in custody in connection with Balichandrapur P.S. Case No.269 of 2021 corresponding to G.R. Case No.1425 of 2021 on the file of learned J.M.F.C., Chandikhole running for commission of offence under section 392/34 of the IPC read with section 25/27 of the Arms Act, 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 records as those stand against the Petitioners with other surrounding circumstances as also the

// 2 // period of detention of the Petitioners in custody and on going through the order passed by the learned Additioanl Sessions Judge; in the absence of any such impediment; it is directed that the Petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further condition that each of the Petitioners, without prejudice to their defence, would deposit a sum of Rs.5,000/- (rupees five thousand) before the said court, which shall be kept under long term fixed deposit in any Nationalized Bank and would be renewed from time to time as the court deems proper, whose disbursement/release shall be subject to the final order as would be passed at the conclusion of the trial..

5.

The BLAPL is accordingly disposed of.

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 Basu