Ajaya Biswal & Another vs State Of Odisha .... Opposite Party on 18 August, 2023

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Orissa High Court

Ajaya Biswal & Another vs State Of Odisha .... Opposite Party on 18 August, 2023

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.8297 of 2023

             Ajaya Biswal & another               ....                Petitioners
                                                       Mr. S.R. Mulia, Advocate
                                           -versus-

             State of Odisha                      ....            Opposite Party
                                                          Mr. T.K. Praharaj, SC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

18.08.2023 Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. The Petitioners are accused in G.R. Case No.552 of 2023 pending on the file of learned S.D.J.M., Hindol, arising out of Balimi P.S. Case No.200 of 2023 for commission of the offence under Sections 447/379/411/120-B/34 IPC and Section 51 of the Orissa Minerals Concession Rules and Section 3/4/5 of the Explosive Substance Act.

3. Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Asst. Sessions Judge, Hindol, by order dated 21.07.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioners are in custody since 16.07.2023 on the accusation of illegal mining and lifting of materials (building stones).

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5. It is further submitted since investigation has progressed substantially, the Petitioners may be released on bail.

6. Learned counsel for the State opposes the prayer for bail in view of criminal antecedent of Petitioner No.2.

7. Learned counsel for the Petitioner submits that Petitioner No.2 has two criminal antecedent of similar nature and Petitioner no.1 is the first offender.

8. Taking into account the nature of allegation, period of custody and the punishment prescribed, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.

9. Before releasing, learned Court in seisin is requested to verify the assertion that Petitioner No.2 has two similar criminal antecedent and Petitioner No.1 is the first offender. If it comes to fore that such assertion is incorrect, this order shall stand recalled.

10. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month 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 Court in seisin.

11. Accordingly, the BLAPL stands disposed of.

12. 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: 21-Aug-2023 11:38:44 Page 2 of 2

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