Jitu @ Jitendra Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL NO.10159 OF 2021 Jitu @ Jitendra Jena & Another ....
Petitioners Mr. Jagannath Kamila, Advocate -versusState of Odisha ....
Opposite Party Mr. D.R. Parida, ASC.
CORAM:
MR. JUSTICE D.DASH
ORDER
20.01.2022 01.
1.
This matter is taken up through video conferencing Order No.
mode.
2.
The Petitioners being in custody in connection with Balichandrapur P.S. Case No.306 of 2021 corresponding to C.T. Case No.1589 of 2021 on the file of learned J.M.F.C., Chandikhole running for commission of offence under section 341/294/307/323/201/34 of the IPC read with Section-25 & 22 of the Arms Act, have filed this application under section 439 of the Cr.P.C. for their release on bail.
3.
Heard learned counsel for the Petitioners and learned counsel for the State.
4.
Taking into account the submissions made; further keeping in view the materials on records with other surrounding circumstances including the factum of grant of bail to the coaccused persons similarly situated with these Petitioners as also the period of detention of the Petitioners in custody and on
// 2 // going through the order passed by the learned Asst. Sessions Judge; in the absence of any such impediment; it is directed that the Petitioners be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that:-
1. they will not indulge himself in any criminal activity;
2. will not threaten or terrorize the prosecution witnesses in any manner; and
3. will appear before the Court in seisin of the case on each date of posting of the case without fail.
5.
The BLAPL is accordingly disposed of.
6.
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 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (D.Dash), Judge.
Himansu