Ashok Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11562 of 2022 Ashok Kumar Behera ....

Petitioner Mr. M. Padhy, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.12.2022 Order No.

01.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with G.R. Case No.1576 of 2022, pending in the file of the learned J.M.F.C., Aska, Ganjam, arising out of Badagada P.S. Case No.439 of 2022, for alleged commission of offences under Sections 465/468/471/420 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, by order dated 18.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Perused the order of rejection.

5.

It is submitted that the allegation against the petitioner is that submitting a fake C.T. certificate, he got employment as Sikshya Sahak.

6.

It is stated that the petitioner is in custody since 04.11.2022 and as investigation has progressed substantially and the same being primarily based on documentary evidence, further continuance of the petitioner in custody is unwarranted. 7.

Learned counsel for the State opposes the prayer for bail. 8.

Considering the nature of allegations and the period of custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 9.

Before releasing the petitioner, learned Court in seisin shall verify assertion regarding the criminal antecedents of similar nature. If it comes to the fore that the petitioner has such criminal antecedent, this order shall stand recalled.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha