Orissa High Court
Chandan @ Rajendra Sutar vs State Of Orissa .... Opposite Party on 25 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8457 of 2023
Chandan @ Rajendra Sutar .... Petitioner
Mr. D.R. Parida, Advocate
-versus-
State of Orissa .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
25.08.2023 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 G.R. Case No. 1931 of 2023, pending before the Court of the learned S.D.J.M., Kendrapara arising out of Kendrapara P.S. Case No. 470 of 2023 for alleged commission of offences under Sections 341/294/323/307/506/379/354/34 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara by order dated 25.07.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted that the petitioner is in custody since 26.06.2023 on the allegation of assaulting the son of the informant and also committing offence under Section 354 of IPC in respect of the informant.
5. It is submitted by the learned counsel for the Petitioner that since investigation has progressed substantially, injuries suffered are Page 1 of 2 simple in nature and the Petitioner is the first offender, he may be released on bail.
6. Learned counsel for the State opposes the prayer during currency of investigation.
7. Taking into account that the Petitioner is the first offender and nature of injuries, 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 of similar nature.
8. If it comes to the fore that the petitioner has any such 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 till submission of final form on such date and time to be specified by the learned Court in seisin. Certification of such appearance shall be submitted to the said Court.
10. It is directed that the Petitioner shall not threaten the victim and/or his family members. It shall be open to the victim/informant and to seek variance of this order in the event there is any threat perception
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 26-Aug-2023 13:54:43 Page 2 of 2