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Orissa High CourtBLAPL/11568/2022allowed

Bikram Sahu @ Kalia @ Khandi v. State Of Odisha

2022-12-19Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11568 of 2022 Bikram Sahu @ Kalia @ Khandi & Another ....

Petitioners Mr. S.K. Pattnaik, 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 petitioners and learned counsel for the State.

2.

The petitioners are accused in G.R. Case No.1063 of 2022, pending before the learned J.M.F.C., Khallikote, arising out of Kodala P.S. Case No.445 of dated 03.08.2022, for commission of alleged offences under Sections 457/380 of IPC. 3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote, by order dated 15.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted that the petitioners are in custody since 24.10.2022 and as investigation has progressed substantially, further continuance of the petitioners in custody is unwarranted. 5.

Learned counsel for the State opposes the prayer for bail in view of the criminal antecedents as stated in the order of rejection. 6.

Taking into account the period of custody, nature of allegations and the age of the petitioners, this Court directs the petitioners to be released on bail on such terms to be fixed by the

learned Court in seisin notwithstanding their criminal antecedents with the fervent hope that they shall not indulge themselves in similar offences in future.

7.

Learned Court in seisin to fix terms, keeping in view their criminal proclivity.

8.

Accordingly, the BLAPL stands disposed of.

9.

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