Sk Rafiqula @ Okil v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10426 of 2021 Sk Rafiqula @ Okil and others ....

Petitioners Mr. D.K.Sahoo, Advocate -versusState of Odisha ....

Opposite Party Miss S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.01.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard Mr. D.K.Sahoo, learned counsel for the Petitioners and Miss S. Mishra, learned Addl. Standing Counsel for the State.

3. The Petitioners are in custody since 29th September, 2021 in connection with Kendrapara Town P.S. Case No.384 of 2021 pending in the court of learned S.D.J.M., Kendrapara corresponding to G.R. Case No.1659/2021 for the alleged commission of the offence under Sections 457/380 of I.P.C. It is alleged that the Petitioners committed robbery in the house of

// 2 // the informant thereby taking away several articles and cash. It is submitted that the Petitioners have been remanded in the case only on suspicion without any material to show the complicity in the occurrence.

4. Learned Addl. Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that the Petitioners are habitual offenders having series of cases against them.

5. Having regard to the submissions made, the materials on record and the period of detention already undergone, I am inclined to allow the prayer for bail.

6. Let the Petitioners- Sk Rafikulla @ Okil, Loka @ Lokman @ Sk Muna and Sk Sajid @ Geda be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that they shall appear before the trial court on each date of posting of the case without fail. It is made clear that if the Petitioners do not appear, it shall be open to the trial court to pass appropriate orders to take them into custody.

7. The BLAPL is disposed of.

// 3 //

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge