Harekrushna Kishan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11440 of 2022 Harekrushna Kishan ....

Petitioner Mr.S.Mishra, Advocate -versusState of Odisha .... Opp. Party Mr. Arupananda Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Bonai P.S. Case No.185 of 2022 corresponding to G.R. Case No. 738 of 2022 pending in the file of learned S.D.J.M., Bonai for alleged commission of offences under sections 451, 294, 323, 506, 436, 427/307 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Bonai vide order dated 02.11.2022.

Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial

// 2 // custody since 21.10.2022 and though the incident in question took place on 02.10.2022, but the F.I.R. was lodged on 20.10.2022 and nobody has sustained any external injury and in the meantime, on completion of investigation, charge sheet has been submitted under sections 451, 294, 323, 506, 436, 427/307 of the Indian Penal Code, copy of which is filed and taken on record and on hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulged in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

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