Basudev Singh @ Deba @ vs State Of Odisha .... Opposite Party on 31 July, 2023

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Orissa High Court

Basudev Singh @ Deba @ vs State Of Odisha .... Opposite Party on 31 July, 2023

Bench: V. Narasingh

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No.7959 of 2023

             Basudev Singh @ Deba @             ....                  Petitioner
             Dengu
                                            Mrs. Dalirani Behuray, Advocate
                                         -versus-

             State of Odisha                    ....             Opposite Party
                                                        Mr. K.K. Gaya, ASC

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

31.07.2023 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 C.T. No.449 of 2023, pending in the Court of learned S.D.J.M., Udala arising out of Udala P.S. Case No.163 of 2023, for alleged commission of offences under Section 25 of the Arms Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Baripada, by order dated 22.06.2023 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 28.05.2023 on the accusation of possessing country made gun, which was seized from his possession in proximity to tiger reserve.

5. On instruction, learned counsel submits that the Petitioner is the first offender.

6. Learned counsel for the State opposes the prayer for bail.

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7. Taking note of such submission, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8. Before releasing the Petitioner on bail, learned Court in seisin is called upon to verify criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

9. 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.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per rules.

(V. NARASINGH) Judge PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court Date: 01-Aug-2023 18:32:33 Page 2 of 2

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