State of Odisha v. Mr. G.N. Rout, ASC
Case at a glance
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- Para 1010. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. V. Narasingh, J PKS (Vacation Judge) Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court Date: 09-Jun-2023 11:56:24
Judgment
Mr. R.K. Mahanta, Advocate State of Odisha -versus- …. Opposite Party Mr. G.N. Rout, ASC CORAM: JUSTICE V. NARASINGH Order No.
ORDER 08.06.2023 Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in G.R Case No.88 of 2021 pending on the file of learned J.M.F.C., Barbil, arising out of Bamebari P.S. Case No.16 of 2021 for commission of the offence under Sections 379/411/120-B/34 IPC and Section 21 of the MMDR Act.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Champua, by order dated 12.05.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the FIR was registered on 18.02.2021 and the Petitioner was not named as an accused. Later he has been cited as an accused, on the basis of the statement of the co-accused and was taken into custody on
27.04.2023.
It is further submitted that because of criminal proclivity as noted in the order of rejection, Petitioner has been arrayed as an accused without any basis.
Learned counsel for the State opposes the prayer in view of the criminal antecedents of the Petitioner and submits that he ought not to be released on bail during currency of investigation.
Considering the nature of allegation and the manner in which the Petitioner has been implicated, this Court directs the Petitioner to be to be released on bail on such terms to be fixed by the learned Court in seisin.
Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.
Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rules. V. Narasingh, J PKS (Vacation Judge) Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court Date: 09-Jun-2023 11:56:24
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