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High CourtsSingle Bench(2023) 04 OHC CK 0102

Kalia @ Biswajit Acharya vs State Of Odisha

Orissa High Court · Decided on 10 April 2023

HON’BLE JUDGES
V. Narasingh, J
RESULT
Disposed Of
CASE NUMBER
Bail Application Nos. 1898, 1900 Of 2023

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Judgment

16 paragraphs · 388 words

V. Narasingh, J

1.

Since both the matters arise out of Dhenkanal Sadar P.S. Case No.658 of 2022, they are heard together and disposed of by this common order on the consent of the parties.

2.

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

3.

The Petitioners are accused in G.R. Case No.1641 of 2022 pending on the file of learned S.D.J.M., Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.658 of 2022 for commission of the offence under Sections 420/468/471/489-A/489-B/489-C/489-D/120-B IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Dhenkanal, by order dated 10.02.2023 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioners are in custody since 18.12.2022 and charge sheet has been filed on 16.02.2023.

6.

It is further submitted that the accusation against the present Petitioners is that they along with co-accused were in possession of fake currency notes of Rs.1,90,600/-.

7.

Relying on the recitals in the case diary, it is submitted that the seizure has been made from one co-accused Bulu @ Tushar Kumar Biswal in BLAPL No.1899 of 2023. Hence, it is stated that keeping in view the nature of allegation against the present Petitioners, they may be released on bail.

8.

Learned counsel for the State opposes the prayer for bail.

9.

It is submitted by the learned counsel for the Petitioners that the Petitioners are the first offenders.

10.

Considering the seizure from the co-accused and filing of the charge sheet, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of the criminal antecedent of any nature.

11.

If it comes to fore that the Petitioners have any criminal antecedent, this order shall stand recalled.

12.

Additionally, it is directed that the aforesaid Petitioners shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

13.

Both the bail applications stand disposed of accordingly.

14.

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

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