Trilochan Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11147 of 2022 Trilochan Mohanty ....

Petitioner Mr. B. Nayak, Advocate -versusState of Odisha ....

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

ORDER

15.12.2022 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.736 of 2022, pending in the file of learned S.D.J.M. Bonai, arising out of Lahunipada P.S. Case No.194 of 2022, for commission of alleged offences under Sections 394 of IPC and is in custody since 20.10.2022.

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 05.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Perused the order of rejection.

5.

Taking into account the nature of allegation and the submission of the learned counsel for the petitioner on instruction that the petitioner is the first offender, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

6.

Additionally, it is directed the petitioner shall appear before the Investigating Officer once every week on such date and time be fixed by the learned Court in seisin till submission of final form.

7.

While enlarging the petitioner on bail, the learned court below shall verify assertion regarding criminal antecedent of the petitioner. If it comes to the fore that the petitioner has criminal antecedent of any nature, this order shall stand recalled. 8.

Accordingly, the BLAPL stands disposed of.

9.

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

(V. NARASINGH) Judge Santoshi