Santosh Jena vs State Of Orissa
2023 Latest Caselaw 6986 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             BLAPL No. 6254 of 2023

             Santosh Jena                        ....                   Petitioner
                                                        Mr. A.C. Rath, Advocate
                                          -versus-

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

                               CORAM: JUSTICE V. NARASINGH
                                            ORDER

21.06.2023 Order No.

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

2. The Petitioner is an accused in connection with C.T case No. 199 of 2023, pending in the Court of learned J.M.F.C. (III), Bhubaneswar arising out of Nayapalli P.S. Case No. 90 of 2023, for alleged commission of offences under Sections. 498-A/304- B/306/506 of IPC read with Sec. 4 of D.P. Act.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned 1st Addl. Sessions Judge-cum- Special Judge, Vigilance, Bhubaneswar by order dated 17.05.2023 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 01.03.2023 and charge sheet has been filed on 28.04.2023, his further continuance in custody is unwarranted.

5. Learned counsel for the State relying on the statement of the independent witness Kanak Baliarsingh(C.W.2) opposes the prayer for bail.

6. It is the further submission of the learned counsel for the State that there are materials to implicate the petitioner and as investigation has been kept open, he ought not to be released on bail at this stage.

7. 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 and it is needless to mention here that if on account of further investigation, if graver complicity of the petitioner comes to the fore, it shall be open to the investigating agency to take recourse to law as laid down by the Apex Court in the Case of Ms. X v. The State of Maharashtra and another (2023 SCC Online SC 279) affirming its earlier judgment in Pradeep Ram v. State of Jharkhand and another reported (2019) 17 SCC 326 and take steps in accordance with law.

8. Accordingly, the BLAPL stands disposed of.

9. 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: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Jun-2023 11:41:31