Allowed

Tulu @ Tilu @ Kartika Nayak v. State of Odisha

Orissa HC9 Aug 2021BLAPL/908/2021

Case brief

AI extract

What is this about?

, The High Court of Orissa allowed bail to two petitioners accused of theft under Section 395 IPC. The court noted their custody duration, lack of TIDR, and co-accused bail as factors inclining it towards release with conditions.

What did the court decide?

Petitioners released on bail on furnishing Rs.50,000 each with two sureties, subject to monthly appearance and court attendance conditions.

Tulu @ Tilu @ Kartika Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 908 of 2021

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1. Tulu @ Tilu @ Kartika Nayak 2. Nakula @ Santosh Behera …. Petitioners

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Mr. Amitav Tripathy, Advocate

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-versus-

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State of Odisha …. Opp. Party
Mr. A.K. Beura
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
09.08.2021
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Learned counsel for the State seeks further
adjournment.

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The case was filed on 02.02.2021 and it was listed on 01.03.2021 and time was granted to the learned counsel for the State to produce the case diary, criminal antecedents against the petitioners, if any, so also the test identification parade report. The matter was again listed on 10.05.2021 and was adjourned. Therefore, I am not inclined to grant further adjournment.

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Heard learned counsel for the petitioners and learned counsel for the State.

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// 2 //

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This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.292 of 2020 arising out of Odagaon P.S. Case No.192 of 2020 pending in the Court of learned J.M.F.C., Odagaon for offence punishable under section 395 of the Indian Penal Code.

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The prayer for bail of the petitioners was rejected by the learned Additional Sessions Judge, Nayagarh vide order dated 23.12.2020.

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Considering the submission made by the learned counsel for the petitioners that the petitioners are in judicial custody since 20.10.2020, charge sheet has been submitted under section 395 of the Indian Penal Code and no test identification parade has been conducted in order to establish the complicity of the petitioners in the alleged crime and two of the co-accused persons have already been released on bail, copies of which have been annexed to the bail application and after hearing the learned counsel for the State, who pointed out from the rejection order that there are some criminal antecedents against the petitioners, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to conditions that the petitioners shall appear before the Inspector in-Charge of Odagaon police station once in a month preferably on Sunday in between

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Page 2 of 3

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// 3 //

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10.00 a.m. to 4.00 p.m. for a period of three months from the date of release and they shall appear before the learned trial Court on each date when the case would be fixed for trial.

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Violation of any terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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RKM

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( S.K. Sahoo)
Judge
I.A. No.548 of 2021
In view of the order passed today in BLAPL
No.908 of 2021, this I.A. is also disposed of.
( S.K. Sahoo)
Judge

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Tulu @ Tilu @ Kartika Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tulu @ Tilu @ Kartika Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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