Bapuni @ Ashok Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.12049 of 2022 Bapuni @ Ashok Nayak ....

Petitioner Mr. S.K. Dwibedi, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.12.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.246 of 2022 arising out of Khandapara P.S. Case No.252 of 2022 pending in the Court of learned J.M.F.C., Khandapara for offence punishable under section 394 of the Indian Penal Code. The prayer for bail of the petitioner was rejected by the learned Assistant Sessions Judge, Khandapara vide order dated 28.11.2022.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 02.11.2022 and the offence is triable by

// 2 // Magistrate and investigation has made substantial progress and on hearing the learned counsel for the State, who submitted that the petitioner has got criminal antecedents, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to condition that the petitioner shall appear before the Inspector in-charge of Khandapara police station once in a week on every Sunday in between 10.00 a.m. to 4.00 p.m. for a period of three months from the date of release.

Violation of any terms and conditions shall entail cancellation of bail.

Accordingly, the BLAPL is disposed of.

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

( S.K. Sahoo) Judge RKM