Kishanlal Agrawal And Others vs State Of Odisha .... Opposite Party on 1 September, 2023

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Orissa High Court

Kishanlal Agrawal And Others vs State Of Odisha .... Opposite Party on 1 September, 2023

Bench: V. Narasingh

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No. 9073 of 2023

             Kishanlal Agrawal and others       ....                  Petitioners
                                                 Mr. S. Mohapatra, Advocate
                                          -versus-

             State of Odisha                    ....              Opposite Party
                                                        Mr. T.K. Praharaj, SC

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

01.09.2023 Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. The Petitioners are accused in connection with G.R. Case No.307 of 2023, pending before the Court of the learned J.M.F.C., Kantabanji, arising out of Kantabanji P.S. Case No.203 of 2023 for alleged commission of offences under Sections 286/34 of IPC, r/w Sec 3 and 4 of Explosice substances Act, 1908 and Sec 5 of the Orissa Fire Works and Louder Speaker (Regulation) Act, 1958.

3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Kantabanji by order dated 07.08.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioners are in custody since 21.07.2023 and the allegations against them is that of storing explosive beyond permissible limit and also manufacturing in violation of rules governing in the field.

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5. It is stated that since investigation has progressed substantially and taking into account the nature of allegation and the punishment prescribed is 6 months, they may be released on bail.

6. The allegations are primarily against the Petitioner No. 1 and Petitioner No.2 and Petitioner No.3 are stated to be employees working under Petitioner No.1.

7. Learned counsel for the State opposes the prayer for bail during currency of investigation in respect of Petitioner No.1 since he has two criminal antecedents of similar nature.

8. Taking note of the punishment prescribed and period in custody, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

9. Keeping in view of criminal antecedent of Petitioner No.1 of similar nature, this Court directs that the Petitioner No.1 shall appear before the jurisdictional police station once every month till submission of final form and thereafter once in 3 months till conclusion of trial, he does not indulge himself in any offence and more particular offences of similar nature.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2023 19:25:24 Page 2 of 2

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