High CourtsSingle Bench

Santosh Kumar Pradhan @ Babu Vs State Of Odisha

Orissa High Court · Decided on 3 January 2024 · Citation: (2024) 01 OHC CK 0037

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 323, 324, 326, 384, 506 · Arms Act, 1959 — Section 25(IB)(a)
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 14271 Of 2023
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Judgment

11 paragraphs · 291 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 17.09.2023 in connection with Khallikote P.S. Case No.243 of 2023 corresponding to G.R. Case No.621 of 2023 pending in the Court of learned J.M.F.C., Khallikote for the alleged commission of offence under Sections 341/323/324/326/307/384/506/34 of IPC read with Section 25(I-B)(a) of the Arms Act.

4.

It is alleged that the petitioner along with other co-accused persons assaulted the son of the informant by means of a knife causing injury.

5.

The rejection order shows that the injured sustained injuries on his right foot, left ankel and stomach. Though the injuries on the right food is said to be grievous in nature, the said cannot be said to be on the vital part of the body.

6.

It is submitted by learned State Counsel that the petitioner has several criminal antecedents.

7.

However, investigation appears to have progressed substantially. I find no justified reason to detain the petitioner in custody any longer. The bail application is therefore, allowed. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case. He shall personally appears before the IIC of Khallikote Police Station on every Sunday at 10 a.m. till conclusion of trial and such fact shall be certified by the IIC to the concerned Court once in a month.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

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