China Pradhan vs State Of Odisha .... Opposite Party on 18 January, 2023

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Orissa High Court

China Pradhan vs State Of Odisha .... Opposite Party on 18 January, 2023

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 308 of 2023

             China Pradhan                       ....                   Petitioner
                                                 Mr. B.B. Routray, Advocate
                                          -versus-

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

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

18.01.2023 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 G.R. Case No.897 of 2022, pending in the Court of learned J.M.F.C., Pipili, arising out of Delanga P.S. Case No.334 of 2022 for alleged commission of offences under Section 392 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Pipili, by order dated 05.01.2023 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 29.11.2022 and taking into account that out of Rs.2,00,000/-(Rupees two lakhs), Rs.1,00,000/-(Rupees one lakh) and the motor cycle involved in the offence has been recovered from the petitioner. Hence, he may be released on bail.

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5. Learned counsel for the State opposes the prayer for bail during the currency of investigation.

6. On instruction, learned counsel for the petitioner submits that the petitioner has one criminal antecedent inasmuch as he is involved in G.R. Case No.1702 of 2012, on the file of learned S.D.J.M., Panposh, Rourkela under Section 379 of IPC.

7. The memo regarding the criminal antecedent of the petitioner is taken on record.

8. Considering the nature of allegation in the case at hand and the recovery as noted, this Court directs the petitioner to be released on bail on terms to be fixed by the learned Court in seisin over the matter.

9. Additionally, it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of final form.

10. Before releasing the petitioner, learned Court in seisin is called upon to verify if the petitioner is involved in any other case than the one noted above. If it comes to the fore that the petitioner has any other criminal antecedent than the one as noted, this order shall stand recalled.

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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