Orissa High Court
Niranjan Behera vs State Of Odisha .... Opposite Party on 1 September, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9035 of 2023
Niranjan Behera .... Petitioner
Mr. A. Tripathy, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
01.09.2023 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.321 of 2023, pending on the file of learned J.M.F.C., Daspalla arising out of Gania P.S. Case No.83 of 2023, for alleged commission of offences under Sections 379/34 of IPC, Section 9(B)(1)(b) of the Indian Explosive Act, Section 3 and 4 of the Explosive Substance Act read with Section 51(1) of the Orissa Minor Mineral Concession Rule and Section 12 of the Orissa Mines and Minerals (Prevention of Theft) Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Nayagarh by order dated 05.08.2023 in the aforementioned case, the present BLAPL has been filed.
Page 1 of 24. It is submitted by the learned counsel that the petitioner is in custody since 26.07.2023 and as investigation has progressed substantially, the petitioner may be released on bail.
5. Learned counsel for the State opposes the prayer for bail during the currency of investigation.
6. Taking into account that the petitioner is the first offender, nature of allegation, period in custody and punishment prescribed this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin.
7. Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.
8. Before releasing the petitioner, learned Court in seisin is called upon to criminal antecedent of the petitioner. If it comes to the 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 Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 02-Sep-2023 20:26:11 Page 2 of 2