Aditya Sharma v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11028 of 2021 Aditya Sharma ....

Petitioner Mr. P.S. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. S.N. 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 case records.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Jharsuguda P.S. Case No.606 of 2017, corresponding to C.T. Case No.1643(C) of 2017, pending in the court of learned S.D.J.M., Jharsuguda, for commission of alleged offences under Sections 395 I.P.C. read with Section 25/27 of the Arms Act.

4.

Learned counsel for the Petitioner submits that the principal accused, namely, Lullu @ Dillip Sahu in BLAPL No.8265/2017, Sudu Kure in BLAPL No.3044/2018 and Bittu Khatik in BLAPL No.3581/2018 have been released on bail by this Court. It is further submitted that the present Petitioner is languishing in jail custody since 21.11.2021.

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.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