Udal Rout vs State Of Orissa

I.A. No.100 of 2022

This matter is taken up through hybrid arrangement (virtual / physical) mode.

At the outset, learned counsel for the Appellant regrets the mistake in putting the nomenclature of the Interim Application and instead of it she prays before this Court to read it as one under Section 389 of the Cr.P.C. Prayer is allowed.

The Appellant by filing this application under section 389 of the Cr.P.C. has prayed for his release on bail pending disposal of this Appeal.

Heard learned Counsel for the Appellant and learned Additional Government Advocate for the State.

Considering the submissions made and further taking into account the fact that co-accused persons similarly situated with this Appellant have been released on bail vide order dated 03.08.2021 passed in I.A. No.1934 of 2019 and I.A No.412 of 2021 arising out of CRLA No.519 of 2010 and order dated 16.07.2014 passed in Misc. Case No.1546 of 2010 arising out of CRLA No.542 of 2010 and the Appellant is in custody for quite substantial period, We are inclined to direct that the Appellant shall be released on bail in Sessions Case No.29 of 2007 of the court of the learned Additional Sessions Judge, Nuapada. 6. Accordingly, it is directed that the Appellant (Udal Rout) be released on bail in the aforesaid case pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that the Appellant shall positively surrender before the Trial Court as and when so required.

The I.A. is, accordingly, disposed of.

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