Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12947 of 2024
Padma Charan Naik …. Petitioner
Mr. A.S. Paul, Advocate
-versus-
State of Odisha …. Opposite Party Mr. S.N. Das, ASC
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 17.01.2025
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.318 of 2024 pending on the file of learned J.M.F.C., Reamal arising out of Kundheigola P.S. Case No.168 of 2024 for commission of offence alleged under Sections 395/397/294 of IPC.
3.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl. Sessions Judge, Deogarh by order dated 13.12.2024
in the aforementioned cases, the present BLAPL has been filed.
5. This is the second journey of the Petitioner to this Court. Earlier the Petitioner was directed to be released on bail by this Court by order dated 29.10.2024 in BLAPL No.8055 of 2024 taking into account that though the Petitioner has two criminal antecedents, they are not of similar nature.
6. Since while considering the release of the Petitioner, it came to the fore that the Petitioner is also involved in another case i.e. Kundheigola P.S. Case No.5 of 2024 U/s.457/380 IPC, learned Trial Court did not release the Petitioner on bail. Hence, this bail application.
7.
Learned counsel for the Petitioner submits that inadvertently the additional antecedent could not be brought to the notice of this Court and also submits that since in the meanwhile charge sheet has already been filed, further continuance of the Petitioner in custody is not warranted.
8.
Learned counsel for the State opposes the prayer for bail in view of the criminal proclivity of the Petitioner.
9. Taking into account the nature of allegation and filing of charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
10. Keeping in view the criminal proclivity, additionally, it is directed that the Petitioner shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH)
Judge Santoshi Designation: Senior Stenographer