Allowed

Rakesh Pradhan v. State of Odisha

Orissa HC9 Mar 2023BLAPL/1520/2023

Case brief

AI extract

What is this about?

High Court of Orissa granted bail to petitioners who were previously denied bail for offences under Sections 399/402 IPC. The court considered the time lag regarding criminal antecedents and directed release on terms with investigation cooperation.

What did the court decide?

Petitioners to be released on bail on such terms to be fixed by the court in seisin. Conditioned on cooperation with investigation and appearance before I.O weekly.

Rakesh Pradhan Vs State of Odisha — Cheating and Forgery | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.1520 of 2023

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Rakesh Pradhan & another

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…. Petitioners

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Mr. J. Behera, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. K. K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 09.03.2023

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Order No.

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1. Heard learned counsel for the Petitioners and learned counsel for the State.

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The Petitioners are an accused in G.R. Case No.94 of 2023 pending on the Court of learned S.D.J.M., Bolangir arising out of Bolangir Town P.S. Case No.32 of 2023 for commission of the offence alleged under Sections 399/402 IPC. 3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Balangir by order dated 02.02.2023 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that the Petitioners are in custody since 17.01.2023. 5. It is further submitted that while releasing the co-accused the bail application of the present Petitioners were rejected by the learned Court in siesin in view of their criminal proclivity.

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Page 1 of 2

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Learned counsel for the State on the basis of recitals in the case diary submits that Petitioner No.1 has eight criminal antecedents and Petitioner No.2 has four criminal antecedents.

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It is submitted by the learned counsel for the Petitioner that though Petitioners are innocent but because of their criminal proclivity, they have been arrayed as accused.

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The same is refuted by the learned counsel for the State since the Petitioners were nabbed at the spot.

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So far as criminal antecedents are concerned, it is brought to the notice of the Court that they are of the year 2018.

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Taking into account the time lag between the criminal antecedents and the case at hand, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

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Additionally, it is directed that the Petitioners shall cooperate with the investigation and shall appear before the I.O once every week on such date and time to be fixed by the learned Court in seisin till submission of final form and they shall not leave the jurisdiction of the learned Court in seisin without its permission post charge sheet.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH) Judge

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PKS

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Rakesh Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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