Orissa High Court
Jagan @ Jagannath Rao vs State Of Odisha .... Opposite Party on 28 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7729 of 2023
Jagan @ Jagannath Rao .... Petitioner
Mr. B.K. Behera, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. Mishra, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.08.2023 Order No.
02. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with C.T. Case No.708 of 2023 pending on the file of learned J.M.F.C. (V) Bhubaneswar, arising out of Bharatpur P.S. Case No.227 of 2023 for alleged commission of offence under Sections 436/380/506/34 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 3rd Additional Sessions Judge, Bhubaneswar by order dated 05.07.2023 in the aforementioned case, the present bail application has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 20.05.2023 and as investigation has progressed substantially, he may be released on bail.
5. Learned counsel for the State opposes the prayer for bail during the currency of investigation, keeping in view that one of the offences, as alleged, is under Section of 436 of the IPC and also the criminal antecedent of the petitioner relates to commission of similar offence.
6. It is stated at the Bar that so far as allegation under Section 436 of IPC is concerned, no one has been injured.
Page 1 of 27. Considering the same, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
8. While releasing, learned Court below shall verify as to whether the petitioner has more than one criminal antecedent of similar nature. If it comes to fore that the petitioner has more than one criminal antecedent, this order shall stand recalled.
9. Accordingly, the BLAPL stands disposed of.
10. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2023 19:25:01 Page 2 of 2