Santanu Bishi vs State Of Odisha .... Opposite Party on 9 March, 2023

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Orissa High Court

Santanu Bishi vs State Of Odisha .... Opposite Party on 9 March, 2023

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 1828 of 2023

             Santanu Bishi                       ....                  Petitioner
                                                      Mr. M.K. Chand, Advocate
                                           -versus-

             State of Odisha                     ....             Opposite Party
                                                        Mr. P.K. Mohanty, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

09.03.2023 Order No.

01. 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.87 of 2022, pending in the file of the learned Additional Sessions Judge, Dharamgarh, arising out of Junagarh P.S. Case No.277 of 2022, for alleged commission of offences under Sections 341/326-A/294/506/34 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dharamgarh, by order dated 31.10.2022 in the aforementioned case, the present BLAPL has been filed.

4. Learned counsel for the petitioner submits that the petitioner is in custody from 23.06.2022 and since charge sheet has been filed on 31.07.2022 and, he may be released on bail.

5. Learned counsel for the State opposes the prayer for bail taking into account the nature of allegations.

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6. Perused the injury report of Mohanlal Bishi and Nilambara Majhi. The injuries has been categorized as simple.

7. Considering the background in which the offence has been committed, this Court directs his release on bail on such terms to be fixed by the learned Court in seisin.

8. Before releasing the petitioner on bail, learned Court in seisin shall verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

9. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every fifteen days on such date and time to be fixed by the learned Court in seisin till conclusion of trial and shall not in any way try to intimidate the injured.

10. Leave is granted to the injured to seek variance of this order in case there is any threat perception.

11. Accordingly, the BLAPL stands disposed of.

12. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge Ayesha Page 2 of 2

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