Anil Parua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11100 of 2022 Anil Parua ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 connection with G.R. Case No.241 of 2021, pending in the Court of the learned Additional Sessions Judge, Sonepur, arising out of Sonepur P.S. Case No.257 of 2021, for alleged commission of offences under Sections 273/274/275 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, Sonepur, by order dated 04.11.2022 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 23.09.2021 and since charge-sheet has been filed on 07.12.2021 and keeping in view the recovery of 22 Nos. of Eskuf Cough Syrup bottles, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer for bail on account of the order of rejection that the petitioner has criminal antecedents of similar nature. Hence, the petitioner ought not to be released on bail, as securing his attendance during the trial would be difficult.

6.

Taking into account the nature of allegations and the period of custody, this Court directs the petitioner to be released on bail.

7.

Learned Court in seisin shall fix suitable terms so as to ensure the presence of the petitioner on each date of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

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