Kanhu Baghel vs State Of Odisha

V. Narasingh, J

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

The petitioner is an accused in connection with G.R. Case No.210 of 2011, pending before the Court of learned District & Sessions Judge, Koraput at Jeypore, arising out of Jeypore Town P.S. Case No.42 of 2011 for alleged commission of offences under Sections 341/324/326/307/506 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge-cum-Special Judge, Vigilance, Jeypore by order dated 18.05.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the occurrence in the case at hand dates back to 23.04.2011 and charge sheet has been filed on 26.07.2011 citing the petitioner as an absconder and the petitioner is taken into custody on 27.04.2023.

Learned counsel for the State opposes the prayer for bail in view of the conduct of the petitioner and submits that the injuries are grievous.

It is submitted by the learned counsel that the reason for petitioner’s absconding was unintentional.

On instruction, learned counsel for the petitioner submits that the petitioner was involved in a case under Section 376 of IPC in which he has since been acquitted and save and except the said case, he does not have any other criminal proclivity.

Taking note of the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

While releasing the petitioner on bail, learned Court below shall verify as to whether the assertions regarding the criminal antecedent as made and noted is correct. If the same is found to be not in consonance with the record of criminal proclivity of the petitioner, this order shall stand recalled.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules.

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