Kanda @ Nila Takri vs State Of Odisha
2023 Latest Caselaw 6914 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No. 6096 of 2023

             Kanda @ Nila Takri                  ....                  Petitioner
                                                      Mr. A. Mishra, Advocate
                                          -versus-

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

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

08.06.2023 Order No.

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

2. The Petitioner is an accused in G.R. Case No. 93(A) of 2017, pending on the file of learned S.D.J.M., Jeypore arising out of Boipariguda P.S. Case No. 11/2017 for commission of offence alleged under Section 392/34 of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Dist. & Sessions Judge-cum- Special Judge, Vigilance, Jeypore by order dated 20.05.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is stated by the learned counsel for the petitioner that the petitioner is in custody since 24.04.2023, and the co-accused who faced trial have been acquitted by judgment dated 06.07.2022 by the learned Court in seisin. Relying on such order of acquittal learned counsel for the petitioner submits that further continuance of the petitioner in custody is not warranted.

5. Learned counsel for the State opposes the prayer and submits that the petitioner was absconding for a long time and also states that the acquittal of co-accused will no way enure the benefit to the present petitioner.

6. Considering the nature of allegation, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7. While releasing the petitioner on bail, learned Court below shall verify assertion regarding criminal antecedent of similar nature. If it comes to fore that the petitioner has any such criminal antecedent, this order shall stand recalled.

8. Accordingly, the BLAPL stands disposed of.

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

(V. NARASINGH) Vacation Judge Soumya

Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Jun-2023 16:32:40