Duryodhan Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 12561 of 2022 Duryodhan Sahoo ....

Petitioner Mr. Pravu Pityarthi Ku. Pandit, Advocate -VersusState of Odisha ....

Opposite Party Mr. S.S. Mohapatra, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

22.12.2022 Order No.

01.

1.

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

2.

Instant petition under Section 439 Cr.P.C. filed by the petitioner for bail in connection with Keonjhar Town P.S. Case No. 212 of 2022 corresponding to G.R. No.1021 of 2022 arising out of S.D.J.M., Keonjhar for commission of offences under Section 379 IPC.

3.

Perused the copy of the FIR as at Annexure-1. 4.

Learned counsel for the petitioner submits that two other co-accused persons similarly situated like the present petitioner have been granted bail by this Court vide orders dated 11th October, 2022 and 13th October, 2022 passed in BLAPL Nos.9324 of 2022 and 9421 of 2011 and considering the same he should be released on bail any terms and conditions which is objected to by the learned State Counsel on the ground that he has one more criminal antecedent of similar nature.

5 .

Court perused the FIR wherein the Bolero vehicle bearing Registered No.OD-33-5102 which was hired was stolen, for which the report was lodged. The vehicle was recovered from custody of the petitioner, who was therefore arrested and that he is in jail custody since 17th June, 2022. It is found that the co-accused persons are already on bail. In view of the above facts, the Court is of the view that the petitioner should as well be released on bail as in the meantime investigation is completed and chargesheet has been filed. 6.

Accordingly, it is ordered.

7.

In the result, BLAPL stands allowed.

8.

Consequently, it is directed that the petitioner be released on bail in connection with Keonjhar Town P.S. Case No. 212 of 2022 corresponding to G.R. Case No.1021 of 2022 on furnishing a bail bond of Rs.40,000/- with two solvent sureties for the like amount to the satisfaction of the learned S.D.J.M., Keonjhar, who shall impose such other conditions as would be deemed just and proper in the facts and circumstances of the case with a further condition that he shall attend the local PS once in a fortnight preferably on Sunday between 10 AM to 1.00 PM till the commencement of trial.

9.

Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge U.K.Sahoo