High CourtsSingle Bench

Beda @ Rajesh Naik Vs State Of Odisha

Orissa High Court · Decided on 11 January 2024 · Citation: (2024) 01 OHC CK 0106

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395 · Arms Act, 1959 — Section 25, 27
RESULT
Dismissed
CASE NUMBER
Bail Application No.14564 Of 2023
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Judgment

11 paragraphs · 269 words

Savitri Ratho, J

1.

This is an application under Section 439 of Cr.P.C. in connection with Motanga P.S. Case No.254 of 2023 corresponding to G.R. Case No.362 of 2023, pending in the file of the learned J.M.F.C. (Cog. Taking), Dhenkanal under Section 395 of IPC read with Section 25/27 of the Arms Act.

2.

The prayer for bail of the petitioner had been rejected by order dated 19.10.2023 passed by the learned Addl. District Judge-cumSpecial Judge (Vigilance), Dhenkanal in BLAPL No.478 of 2023.

3.

On 08.01.2024, Mr. J.K. Padhi, learned counsel for the petitioner had submitted that the investigation has been completed in the previous week, so the case has been adjourned to 11.01.2024 to enable him to furnish a copy of the charge sheet. Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State had been directed to obtain instructions whether investigation has been completed in the meanwhile.

4.

Mr. Padhi, learned counsel for the petitioner submits that the charge sheet has not yet been filed and this is confirmed by Mr. S.S. Mohapatra, learned Addl. Standing Counsel.

5.

BLAPL No. 12715 of 2023 filed by co-accused Nirmal Naik had been dismissed on 14.11.2023 granting him liberty to move for bail afresh after completion of investigation.

6.

In view of the nature of allegations against the petitioner, I am not inclined to release the petitioner on bail at this stage.

7.

The BLAPL is dismissed.

8.

It is open to the petitioner to approach the learned Court below for bail afresh after completion of investigation.

9.

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

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