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Orissa High CourtBLAPL/10951/2022allowed

Muna @ Pabitra Kumar Behera @ Pabitra Behera v. State Of Odisha

2022-12-06Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10951 of 2022 Muna @ Pabitra Kumar Behera @ Pabitra Behera ....

Petitioner Mr. P.K. Nanda, Advocate -versusState of Odisha ....

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

ORDER

06.12.2022 Order No.

01.

1.

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

2. The petitioner is an accused in connection with C.T. Case No.5057 of 2022, pending before the learned S.D.J.M., Bhubaneswar, arising out of Nayapalli P.S. Case No.556 of 2022, for alleged commission of offences under Sections 364A/386/323/506/34 of IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Bhubaneswar, by order dated 26.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Learned counsel for the petitioner, on instruction, submits that the matter has been settled out of Court with the intervention of the well wishers and an affidavit to the said effect was filed in the bail application of the co-accused.

5.

Taking into account the same, this Court by order dated 16.11.2022 in BLAPL No.10104 of 2022, directed the release of the co-accused (Chinmaya @ Chinu @ Sarat Pradhan). 6.

On perusal of the order of rejection, it is seen that name of the said co-accused also appears in the order. 7.

Taking into account the release of the co-accused, as noted, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha