Orissa High Court
BLAPL/4024/2020 on 29 June, 2020
Author: S.K. Mishra
Bench: S.K. Mishra
BLAPL No.4024 of 2020
02. 29.06.2020 This matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned Additional
Government Advocate.
This is an application under Section 439 of Cr.P.C filed by the
petitioner, who is languishing in jail custody for the alleged commission
of offences under Sections 457 and 380 of the IPC in G.R. Case
No.1048 of 2020 of the court of learned S.D.J.M., Sambalpur, arising
out of Dhanupali P.S. Case No.127 of 2020.
Both the offences are triable by Magistrate, First Class.
Moreover, the petitioner is a permanent resident of village Sunapali,
Gousia Mahalia, P.S. Dhanupali in the district of Sambalpur. So, there
is no reasonable apprehension of his absconding from the process of
justice. There is no allegation from the side of the State that the
petitioner shall tamper with the prosecution evidence, if he is released
on bail.
In that view of the matter, the BLAPL is allowed.
Let the petitioner be released on bail on such terms and
conditions as deemed just and proper by the learned S.D.J.M.,
Sambalpur in the aforesaid case.
Accordingly, the BLAPL is disposed of.
As Lock-down period is continuing for COVID-19, learned
counsel for the petitioner may utilize the soft copy of this order available
in the High Court's website or print out thereof at par with certified
copies in the manner prescribed, vide Court's Notice No.4587, dated
25.03.2020.
.
TUDU S.K. Mishra, J 2