The Single Judge granted bail to a petitioner implicating in an NQI case accused of theft and breach of trust during COVID-19 lockdown due to existing detention period, no flight risk, and no additional witnesses.
Petitioner released on bail by the learned court in seisin over the matter on such terms and conditions as deemed just and proper.
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BLAPL No.3022 of 2020 1
In view of extra-ordinary situation arose out of COVID19 Lockdown, the matter is taken up through video conferencing.
Heard the learned counsel for the accused – petitioner and learned Additional Standing Counsel.
The petitioner, namely Ajay Kumar Mohanty is implicated in Nilagiri P.S. Case No.267 of 2018, corresponding to C.T. Case No.385 of 2018 of the Court of learned S.D.J.M., Nilagiri for the offence U/ss.457 and 380 of the Indian Penal Code.
The petitioner is in custody since 11.4.2019 and as per bail rejection order, 11 witnesses are already examined.
Considering the above, nature of allegation, period of detention and the present lockdown situation and permanent residence of petitioner which precludes any reasonable apprehension of his fleeing from justice, I am inclined to grant him bail. Hence ordered.
Let the petitioner Ajay Kumar Mohanty be released on bail by the learned court in seisin over the matter in the above noted case on such terms and conditions as deemed just and proper.
The BLAPL is accordingly disposed of.
Parties may access copy of this order in Court’s official website and utilize the same as per the Notice No.4587 dtd.25.03.2020 and Notice dtd.15.04.2020 issued by the Registrar General of this Court. Copies of the aforesaid notices are available in Court’s Official Website.
mkp
………………………... Dr. A. K. Mishra, J.
1 issue framed by the court
Whether bail should be granted to the accused given the COVID-19 lockdown and custodial period.
Ajay Kumar Mohanty
State of Odisha
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
