Orissa High Court
Prabin @ Kanha @ Pranab 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. 8543 of 2023
Prabin @ Kanha @ Pranab .... Petitioners
Kumar Purohit & Another
Mr. M. Das, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.08.2023 Order No.
01. 1. Heard learned counsel for the petitioners and learned counsel for the State.
2. The Petitioners are accused in C.T. Case No.186 of 2023 pending in the Court of learned J.M.F.C., Khariar, arising out of Khariar P.S Case No.189 of 2023 for commission of the offence alleged under Sections 457/395 of IPC and Section 25/27 of Arms Act.
3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Nuapada by order dated 24.07.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is stated by the learned counsel that the Petitioners are in custody since 20.06.2023 on the allegation of forcibly entering into the house of the informant and decamping an amount of Rs.3,00,000/- and gold ornaments.
5. Learned counsel for the Petitioners with vehemence submits that a false case has been foisted against the Petitioners inasmuch as the informant was to pay certain amount to the present Petitioners and Page 1 of 2 on being demanded he has falsely implicated the Petitioners in the case at hand.
6. Learned counsel for the Petitioners further submits that the Petitioners are the first offenders.
7. Learned counsel for the State opposes the prayer for bail during currency of investigation and also on account of non seizure of any amount and gold.
8. Taking note that the Petitioners are the first offenders and the 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. Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week till submission of final form on such date and time to be specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court.
10. While releasing the Petitioners on bail, learned Court below shall verify criminal antecedent of the Petitioners. If it comes to the fore that the Petitioners have any criminal antecedent, this order shall stand recalled.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Ayesha Judge
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Reason: Authentication
Location: High Court of Orissa
Date: 29-Aug-2023 18:26:18
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