Orissa High Court
Dhoba Behera @ Mahar vs State Of Odisha .... Opposite Party on 22 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5970 of 2023
Dhoba Behera @ Mahar .... Petitioner
Mr. A. Tripathy, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
CORAM: JUSTICE V. NARASINGH
ORDER
22.08.2023 Order No.
03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in G.R Case No.199 of 2023 pending on the file of learned J.M.F.C., Chhendipada, arising out of Chhendipada P.S. Case No.97 of 2023 for commission of the offence under Sections 341/294/323/324/307/506 IPC.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Angul, by order dated 23.05.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 13.04.2023 and as charge sheet has been filed on 31.05.2023, he may be released on bail.
5. Learned counsel for the State opposes the prayer for bail relying on the statement of the injured Sipun Behera.
6. It is stated that the Petitioner is the first offender.
Page 1 of 27. Taking into account the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent of any nature.
8. If it comes to fore that the Petitioner has any 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 rule.
(V. NARASINGH) Judge PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Aug-2023 16:16:47 Page 2 of 2