Orissa High Court
Hemalal Nagesh vs State Of Odisha & Another .... Opposite ... on 16 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6832 of 2023
Hemalal Nagesh .... Petitioner
Mr. U. Barik, Advocate
-versus-
State of Odisha & Another .... Opposite Parties
Mr. T.K. Praharaj, SC
CORAM: JUSTICE V. NARASINGH
ORDER
16.08.2023 Order No.
03. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with G.R. Case No.111 of 2023, pending in the Court of the learned NGN-cum- J.M.F.C., Raighar, arising out of Raighar P.S. Case No.70 of 2023, for alleged commission of offences under Sections 147/121/123/120-B/149 of IPC read with Section 17 of Criminal Law Amendment Act, read with Section 18 & 20 of the Unlawful Activities Amendment Act and Section 4 & 5 of the Explosive Substances Act .
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Umerkote, by order dated 15.05.2023 in the aforementioned case, the present BLAPL has been filed.
4. The allegation against the petitioner is that he was propagating Maoist ideology which is justified from the seizure of Page 1 of 2 Maoist literature. Explosives are also allegedly seized from the possession of the petitioner.
5. It is submitted by the learned counsel that the petitioner is in custody since 01.05.2023 and charge sheet has been filed on 27.07.2023.
6. The final form submitted by the learned counsel for the petitioner is taken on record.
7. It is submitted by the learned counsel for the petitioner with vehemence that the petitioner does not have any criminal antecedent.
8. It is apt to state here that while opposing the prayer of the petitioner for bail, learned counsel for the State submits that the petitioner has criminal antecedents of similar nature.
9. Since final form has been submitted on 27.07.2023 as noted above and the submission of the learned counsel for the petitioner in opposition to that of the learned counsel for the State regarding the criminal antecedent that the petitioner is the first offender, 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.
10. If it comes to the fore that the petitioner has 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 rule.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 17-Aug-2023 19:43:15 Page 2 of 2