CourtKutchehry.com
High CourtsSingle Bench(2023) 08 OHC CK 0006

Abhishek Naik vs State Of Odisha

Orissa High Court · Decided on 3 August 2023

HON’BLE JUDGES
R.K.Pattanaik, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3677 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 370 words

R.K.Pattanaik, J

1.

Heard Mr. Mulia, learned counsel for the petitioner and learned counsel for the State.

2.

This is an application under Section 439 Cr.P.C. filed for release of the petitioner on bail subject to conditions.

3.

Mr. Mulia, learned counsel for the petitioner submits that the petitioner was on bail pursuant to the Court’s order dated 1st November, 2021 in BLAPL No. 6300 of 2021 but subsequently default in appearance, as a result of which, the learned court below issued a NBWA against him on the strength of which he was arrested and presently in judicial custody since 15th March, 2023. It is submitted that the alleged default was unintentional and therefore, considering the detention since March, 2023, the petitioner should be allowed to go on bail on any terms and conditions as would be fixed by the Court.

4.

Objection of Ms. Mishra, learned counsel for the State is recorded.

5.

The petitioner was allowed to go on bail by this Court in BLAPL No. 6300 of 2021 and as it appears, thereafter, he failed to turn up and as a result, coercive action was taken by the learned court below with issuance of NBWA which was executed for which he is in judicial custody from 15th March, 2023 and considering the submissions of the learned counsel for the respective parties and as it is default of a year or so and that the petitioner has remained in judicial custody for about five months, the Court is inclined to release him on bail subject to following conditions.

6.

Accordingly, it is ordered.

7.

In the result, BLAPL stands allowed. Consequently, it is directed that the petitioner shall be released on bail in connection with T.R. Case No. 270 of 2021 corresponding to Capital P.S. Case No. 341 of 2021 on furnishing a bail bond of Rs.40,000/-with one solvent surety for the like amount to the satisfaction of the learned Adhoc Additional Sessions Judge(FTSC), Bhubaneswar, who shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances of the case.

8.

The BLAPL is accordingly disposed of.

9.

A certified copy of this order be issued as per rules.

…………………………….