Chandan Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10916 of 2022 Chandan Singh ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

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

ORDER

14.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in C.T. Case No.742 of 2022, pending in the file of learned S.D.J.M., Balasore, arising out of Sahadevkhunta P.S. Case No.264 of 2022, for commission of alleged offences under Sections 399/402 of IPC Section 27 of Arms Act read with Section 4 & 5 of Indian Explosive Act. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Balasore by order dated 27.10.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioner is in custody since 21.09.2022 and on instruction, it is stated that charge sheet has been filed on 16.11.2022 and it is also brought to the notice of the Court that co-accused Ranjan Singh has been released on anticipatory bail by this Court by order dated 14.10.2022 in ABLAPL No.12758 of 2022. Hence he seeks release.

5.

Learned counsel for the State opposes the prayer for bail inter alia on the ground of parity that the petitioner has one criminal antecedent.

6.

Taking note of the submission and considering the period of custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Keeping in view criminal antecedent of the petitioner, this Court directs the petitioner to appear before the jurisdictional police station once every week on such date and time be fixed by the learned Court in seisin till conclusion of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi