Bijaya Das vs State Of Odisha

 D.Dash, J

This matter is taken up through video conferencing mode.

The Petitioner being in custody in connection with Athagarh Excise Range P.R. No. 47 of 2021-22 corresponding to 2(a)CC Case No.136 of 2021

on the file of learned S.D.J.M., Athagarh running for commission of offence under section 52(a)(i) of Odisha Excise Act, has filed this application

under section 439 of the Cr.P.C. for his release on bail.

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

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other

surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl.

Sessions Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and

conditions as deemed just and proper by the court in seisin of the case with further conditions that the Petitioner shall appear in person before the

Court in seisin of the case on each and every date of posting of the case till conclusion of the trial and will not indulge himself in commission of similar

activity.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned Counsel for the parties may utilize a printout 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 Court’s Office order

circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

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