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Orissa High Court

Bhola @ Bholanath Swain vs State Of Odisha .... Opposite Party on 1 February, 2022

Author: D.Dash

Bench: D.Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               BLAPL NO.219 OF 2022

            Bhola @ Bholanath Swain                  ....           Petitioner
                                                     Mr. S.S. Ray, Advocate
                                         -versus-
            State of Odisha                          ....      Opposite Party
                                                      Mr. R. Tripathy, ASC.
                        CORAM:
                        MR. JUSTICE D.DASH
                                        ORDER

1.2.2022 Order No.

01. 1. This matter is taken up by video conferencing mode.

2. The Petitioner being in custody in connection with Gangapur P.S. Case No.484 of 2021 corresponding to G.R. Case No.1361 of 2021 on the file of learned J.M.F.C., Aska running for commission of offence under section 341/294/323/307/506/34 of the IPC read with section 3 & 4 of E.S. Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

3. Heard learned counsel for the Petitioner and learned counsel for the State.

4. Taking into account the submissions made; further keeping in view the materials on records with other surrounding circumstances as also the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge, in the absence of any such impediment; it is directed that the Petitioner be released on bail in the Page 1 of 2 // 2 // aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will not indulge himself in any criminal activity; will appear in person before the Court in seisin of the Case on each date of posting of the case; will report before the IIC, Gangapur P.S. every Monday in between 10 am to 2 pm for a period of next six months; and will not terrorize or threaten the prosecution witnesses in any manner.

5. The BLAPL is accordingly disposed of.

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned Counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March, 2020 as modified by Court's Notice No.4798 dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

(D.Dash) Judge Aks Page 2 of 2