Rabi Rao v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11473 of 2022 Rabi Rao ....

Petitioner Mr.D. Routray, 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 Chandrasekharpur P.S. Case No.127 of 2019 corresponding to C.T. Case No. 60 of 2019 pending in the file of learned 3rd Addl. Sessions Judge, Bhubaneswar for alleged commission of offences under section 395 of the Indian Penal Code and section 25 of the Arms Act.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Bhubaneswar vide order dated 19.10.2022.

// 2 // Considering the submissions made by the learned counsel for the petitioner that the petitioner is in judicial custody since 17.10.2019 and charge sheet has already been submitted under section 395 of the Indian Penal Code and even though the F.I.R. was lodged against unknown persons, but no test identification parade has been conducted in order to know the complicity of the petitioner in the alleged crime and the co-accused persons, namely, S.K. Amin and Jaga @ Jagannath Swain have already been released on bail by this Court 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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