Manas @ Deepak Naik vs State Of Orissa

V. Narasingh, J

1.This matter is taken up through hybrid mode.

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

The petitioner is an accused in connection with G.R. Case No.409 of 2022, pending on the file of learned S.D.J.M., Hindol, arising out of Hindol P.S. Case No.127 of 2022, for commission of offences under Section 392/34 of the IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Hindol, by order dated 19.09.2022 in the aforementioned case, the present BLAPL has been filed.

Perused the order of rejection.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 10.09.2022 and keeping in view that nature of allegations, his further continuance in custody is unwarranted.

Learned counsel for the State on instruction submits that out of the stolen amount of about Rs.30,000/-(Rupees thirty thousand) Rs.7,000/-(Rupees seven thousand) was recovered from the present petitioner and also the vehicle which was used for commission of the offence, which was also stolen was seized from the possession of the petitioner and as he is also involved in offence of similar nature of recent origin, he ought not to be released on bail at this stage.

Taking into account the nature of allegations in the case at hand, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

Keeping in view the concern expressed by the learned Public Prosecutor, additionally, it is directed that the petitioner shall appear before the local police station once every week till conclusion of trial.

Accordingly, the BLAPL stands disposed of.

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

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