Mrutyunjaya Singh vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under Section 439 of Cr.P.C. in connection with E.I. & E.B. Unit (SD), Berhampur P.R. No.80 of 2020-21 corresponding to

2(a) C.C.Case No.120 of 2020 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 52(a)(i) and

62(1) of the Odisha Excise Act.

The bail application of the petitioner has been rejected by the learned Presiding Officer Designated Court under O.P.I.D.Act, Berhampur as per order

dated 08.02.2021.

Learned counsel for the petitioner submits that the petitioner is in judicial custody since 29.08.2020 and the offences are triable by the Magistrate and

therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State was given several opportunities to obtain instruction relating to criminal antecedents against the petitioner.

Learned counsel for the State on instruction submits that there is no criminal antecedent against the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the period of

detention of petitioner in judicial custody and the offences are triable by the Magistrate and absence of any criminal antecedents, I am inclined to

release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with two local solvent

sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may

deem just and proper.

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.

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