Ghanashyam Laya Vs State of Odisha

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BLAPL NO.4827 of 2020

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01.10.2020

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This matter is taken up through Video Conferencing due to Lockdown in the wake of Pandemic COVID-19.

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Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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This is an application under Section 439, Cr.P.C. for grant of bail to the petitioner in connection with Rayagada P.S. Case No.444 of 2019 corresponding to G.R. Case No.827 of 2019 pending in the court of the learned S.D.J.M., Rayagada for the alleged commission of offence under Sections 457/380/34 of the I.P.C.

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Learned counsel for the petitioner submits that co-accused person, namely, Habibullah Khan has already been released on bail by this Court in BLAPL No.4928 of 2020. The petitioner is in custody since 19.01.2020 and charge sheet has already been submitted. The impugned rejection order has been passed in total non-application of judicial mind. The allegations are false and fabricated. The petitioner has no criminal antecedent.

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Learned Additional Standing Counsel for the State has no serious objection to prayer of the petitioner for bail.

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G/D

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Considering the submissions made by the learned counsel for the parties, the materials available on record and the period of detention in custody, I am inclined to allow this bail application and direct that the petitioner be released on bail in the aforesaid case on such terms and conditions as would be deemed fit and proper by the

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2

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learned trial court in addition to the following conditions :

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(i) he shall not commit similar offence or any other offence;

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(ii) he shall not directly or indirectly terrorize or threaten or try to influence the prosecution witnesses; and

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(iii) he shall not indulge in any sort of criminal activities while on bail

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Violation of any of the above conditions would entail cancellation of bail of the petitioner.

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The BLAPL is accordingly disposed of.

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P. Patnaik, J.

Ghanashyam Laya v. State of Odisha

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Ghanashyam Laya v. State of Odisha

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