High CourtsSingle Bench

N. Bhikari Patra vs State Of Orissa

Orissa High Court · Decided on 19 October 2022 · Citation: (2022) 10 OHC CK 0086

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 143, 149, 294, 307, 323, 326, 341, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9360 Of 2022
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Judgment

13 paragraphs · 278 words

V. Narasingh, J

1.This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with G.R. Case No.583 of 2022, pending on the file of learned J.M.F.C., Khallikote, Ganjam, arising out of Khallikote P.S. Case No.255 of 2022, for commission of offences under Sections 143/341/294/323/326/307/506/149 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote, by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the submission of the learned counsel for the petitioner that all other co-accused persons have been released on bail by this Court by order dated 29.07.2022 in BLAPL No.5533 of 2022 and the prayer of the petitioner was rejected by the learned Court in seisin over the matter inter alia on the ground that the petitioner has criminal antecedent.

7.

It is further submitted that criminal antecedent is of the year 2021 and thereafter, there is no case against the present petitioner.

8.

Taking note of such submission and release of the co-accused, 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.

9.

Keeping in view the criminal proclivity of the petitioner, it is directed that the petitioner shall appear before the jurisdictional police station once every week till submission of final form.

10.

Accordingly, the BLAPL stands disposed of.

11.

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

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