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Orissa High CourtBLAPL/10934/2021disposed off

Sanju@ Sanjay Kumar Pradhan v. State Of Odisha

2022-01-24Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10934 of 2021 Sanju @ Sanjay Kumar Pradhan ....

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 Khurda Town P.S. Case No.495 of 2018, corresponding to G.R. Case No.1160 of 2018, pending in the court of learned S.D.J.M., Khurda, for commission of alleged offences under Sections 326/307/34 I.P.C. read with Sections 25/27 of Arms Act.

4.

Learned counsel for the Petitioner submits that Petitioner is an innocent person and he has no criminal antecedents of similar nature. It is submitted that the co-accused person, namely, Dipu@ Depak@Deepak Kumar Pradhan, has been released on bail by order of this Hon'ble Court in BLAPL No.3711 of 2021 on 23.08.2021. It is also submitted that Petitioner is languishing in jail custody since the date of his arrest, i.e. 04.03.2021.

5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioner. However, he submits if the Petitioner is

// 2 // 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, it is directed that the Petitioner be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty 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