Nalita Dehuri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10925 of 2021 Nalita Dehuri ....

Petitioner Mr. Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.01.2022 Order No.

01.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the records.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with 2(a) C.C. Case No.169 of 2021, corresponding to P.R. Case No.28 of 2021-22, pending in the court of learned S.D.J.M., Khurda, for commission of alleged offences under Sections 52(a)(i) of Odisha Excise Act. 4.

Learned counsel for the Petitioner submits that Petitioner is a very innocent lady having no criminal backgrounds. It is further submitted that Petitioner is languishing in jail custody since the date of her arrest, i.e. 12.11.2021.

5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioner. It is submitted that a quantity of 625 litres of I.D. liquor was seized from the conscious possession of the Petitioner. However, learned State Counsel submits if the Petitioner

// 2 // is released on bail, stringent conditions may be imposed on the accused Petitioner.

6.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner and the fact that Petitioner is a lady and the alleged offence is punishable for a maximum of seven years, it is directed that the Petitioner be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall cooperate with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo