Kartik Chandra Khatua @ Kartik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11089 of 2022 Kartik Chandra Khatua @ Kartik ....

Petitioner Mr. H. Mohanty, Advocate -versusState of Orissa ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

13.12.2022 Order No.

01.

1.

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

2.

The petitioner is an accused in G.R. Case No.575 of 2022, pending in the file of the learned Civil Judge -cum- JMFC Tirtol, arising out of Tirtol P.S. Case No.614 of 2022, for commission of alleged offences under Sections 457/380/411/34 of IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jagatsinghpur, by order dated 07.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 19.10.2022 and since charge-sheet has been filed on 09.11.2022, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer inter alia on the ground of criminal antecedents of the petitioner.

6.

It is submitted by the learned counsel for the petitioner on instruction that because of the criminal proclivity of the petitioner, he has been remanded in the case at hand.

7.

Taking into account the period of custody and the nature of allegations and the punishment prescribed, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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