Allowed

Sk.Anish v. State of Odisha

Orissa HC5 Oct 2020BLAPL/4889/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application under Section 439 Cr.P.C. for the petitioner accused of offences under Sections 399/402 IPC and Section 25 Arms Act, noting the petitioner had been in custody since April 2020 and was involved in six prior cases from which he was released on bail.

What did the court decide?

Petitioner released on bail subject to conditions: not commit offence, not influence witnesses, not indulge in criminal activities.

Sk.Anish Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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BLAPL NO.4889 of 2020

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05.10.2020

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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 Angul P.S. Case No.462 of 2020 corresponding to G.R. Case No.716 of 2020 pending in the court of the learned S.D.J.M., Angul for the alleged commission of offence under Sections 399/402 of the I.P.C. read with Section 25 of the Arms Act.

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Learned counsel for the petitioner submits that the alleged offences are frivolous in nature. He submits that the mother of the petitioner has filed an affidavit dated 14.08.2020 to the effect that the petitioner is involved in six number of cases in which he has already been released on bail. He further submits that the charge-sheet has already been filed and the petitioner is languishing in custody since April, 2020.

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G/D

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Learned Additional Standing Counsel for the State supports the submission of the learned counsel for the petitioner to the effect that the petitioner involved in six number of cases, has already been released on bail. However, he has no serious objection to the prayer of the petitioner for bail.

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Considering the submissions made by the learned

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counsel for the parties, the materials available on record and the period of detention in custody, I 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 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.

Sk.Anish v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk.Anish v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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