Orissa High Court
Pattu Yadav vs State Of Odisha .... Opposite Party on 28 November, 2022
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10840 of 2022
Pattu Yadav .... Petitioner
Mr. D.K. Pani, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.11.2022 Order No.
01. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned counsel for the State.
3. The Petitioner is an accused in connection with G.R. Case No.204 of 2022, pending in the court of the learned J.M.F.C., Barpali, arising out of Barpali P.S. Case No.211 of 2022, for commission of offence under Sections 489-A/489-B/489-C/489- D/120-B IPC.
4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bargarh, by order dated 16.08.2022 in the aforementioned case, the present BLAPL has been filed.
5. Perused the order of rejection.
6. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 08.07.2022 and since investigation Page 1 of 2 has progressed substantially, further continuance of the Petitioner in custody is unwarranted. It is further submitted that the co-accused Balaram Meher has already been released on bail by order dated 31.10.2022 in BLAPL No.10018 of 2022.
7. Learned counsel for the State opposes the prayer for bail.
8. On perusal of the impugned order of rejection, it is seen that the cash to the tune of Rs.12,97,500/- (rupees twelve lakhs ninety seven thousand five hundred) was recovered and one HP laser printer was also recovered from the Petitioner.
9. Taking into account the recovery as made, period of custody and that the petitioner is the first offender as stated by the learned counsel for the Petitioner on instruction and release of the co-accused, this Court directs that the Petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.
10. Additionally it is directed that the Petitioner shall appear before the jurisdictional police station once every week till submission of final form.
11. While releasing the Petitioner on bail, learned court below shall verify criminal antecedent of the Petitioner. If it comes to the fore that the Petitioner has criminal antecedent of similar nature, this order shall stand recalled.
12. Accordingly, the BLAPL stands disposed of.
13. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge PKS Page 2 of 2