Arjun Rana @ Kapil Pathak @ Rahul v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10956 of 2022 Arjun Rana @ Kapil Pathak @ Rahul ....

Petitioner Mr. J. Behera, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, 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 G.R. Case No.554 of 2021, pending before the learned S.D.J.M., Bonai, arising out of Koida P.S. Case No.78 of 2021, for alleged commission of offences under Sections 506/507/384/34 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, Bonai, by order dated 14.10.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Perused the order of rejection.

5.

It is submitted by the learned counsel that the petitioner has been remanded in this case and since charge-sheet has been filed on 05.04.2022, his further continuance in custody is uncalled for.

6.

Copy of the charge-sheet is taken on record.

7.

Learned counsel for the State relying on the order of rejection opposes the prayer, inter alia, on the ground of criminal proclivity of the petitioner and also that the petitioner is not a resident of this State.

8.

Learned counsel for the petitioner submits that this Court has released him on bail in two other cases by orders dated 20.09.2022 and 24.09.2022 in BLAPL Nos.8599 & 8531 of 2022. The petitioner is still in custody since he has not been released on bail in the case at hand.

9.

Considering the nature of allegations, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

10.

Additionally it is directed that one of the sureties shall be immediate member of the family who will execute a P.R. bond in addition to the sureties as fixed by the learned Court in seisin. 11.

It is further directed that the petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin over the matter till conclusion of trial.

12.

Accordingly, the BLAPL stands disposed of.

13.

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