Rajan Sanyasi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10085 of 2021 Rajan Sanyasi ....

Petitioner Mr. Jagannath Kamila, Advocate -Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.01.2022 1.

This matter is taken up through virtual mode. Order No.

01.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner has been arrested in connection with Lahunipada P.S. Case No. 154 of 2021 corresponding to G.R. Case No. 764 of 2020 pending in the court of learned S.D.J.M., Bonai for the alleged commission of offence under Sections 379/413/120-B of IPC.

4.

The allegation against the petitioner is that he being the owner of a stone-crusher utilized its premises for dismantling of a stolen vehicles (Dumper), which were then sold as scrap through an inter-State scrap dealer. 5.

Learned counsel for the petitioner submits that there is absolutely no material to show the involvement of the petitioner in the alleged occurrence and he has been remanded to custody entirely on the basis of the statement of co-accused persons.

6.

Learned Additional Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that the petitioner is a habitual offender having series of criminal cases against his name.

7.

Having regard to the submissions made, the materials on record, the period of detention already undergone and the fact that except for the statement of the co-accused there is no other material to show his complicity in the occurrence, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail. 8.

The BLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu