Ajit Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10919 of 2022 Ajit Singh and others ....

Petitioners Mr. C. Behera, Advocate -versusState of Odisha ....

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

ORDER

30.11.2022 Order No.

01.

1.

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

2.

The petitioners are accused in G.R. Case No.1275 of 2022, pending in the file of learned S.D.J.M., (Sadar) Cuttack, arising out of Purighat P.S. Case No.241 of 2022, for commission of alleged offences under Sections 395 of IPC and is in custody since 08.10.2022.

3.

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

4.

Learned counsel for the petitioner files a memo indicating that he does not want to press the bail application so far as Petitioner Nos.1 and 2 are concerned.

5.

Accordingly, the bail application in respect of Petitioner Nos.1 and 2 stands disposed of as not pressed giving liberty to the petitioners to renew their prayer before the learned Court in seisin at a later stage.

6.

Perused the order of rejection.

7.

Taking into account that the Petitioner No.3 is a young lady of 25 years and it is stated at the bar that the Petitioner No.4 is in family way and invoking the first Proviso to Section 437(1) of Cr.P.C., this Court directs Petitioner Nos.3 and 4 to be released on bail on such terms to be fixed by the learned Court in seisin over the matter keeping in view that both the petitioners are ladies so as to ensure their presence during the trial.

8.

Additionally, it is directed that the Petitioner Nos.3 and 4 shall not leave the jurisdiction of the Court in seisin without its express permission.

9.

Accordingly, the BLAPL stands disposed of.

10.

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

(V. NARASINGH) Judge Santoshi