Babuli Bagh @ Bagha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10944 of 2022 Babuli Bagh @ Bagha ....

Petitioner Mr. S.K. Mohanty , Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.12.2022 Order No.

02.

1.

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

2.

The petitioner is an accused in connection with G.R. Case No.372 of 2022, pending in the Court of the learned J.M.F.C., Laxmipur, arising out of Kakiriguma P.S. Case No.97 of 2022, for commission of alleged offences under Sections 395 of IPC. 3.

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

4.

It is stated that the co-accused have been released on bail anticipatory bail by this Court by order dated 12.10.2022 in ABLAPL No.12981 of 2022. Hence petitioner seeks release. 5.

Learned counsel for the State on instructions submits that the petitioner has criminal antecedent, hence he ought not to be released on bail.

6.

Considering the filing of the charge sheet and period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 7.

Taking into account the criminal proclivity of the petitioner, it is directed that he shall appear before the jurisdictional police station twice every week on such date and time be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin over the matter and violation thereof shall entail the cancelation. 8.

Accordingly, the BLAPL stands disposed of.

9.

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

(V. NARASINGH) Judge Santoshi