IN THE HIGH COURT OF ORISSA AT CUTTACK

Raja @ Sandeep Acharya

State of Odisha

CORAM:

Order

No.3

1. This matter is taken up by

2. Heard learned counsel for the parties.

3. The petitioner being in custody in

arising out of Capital P.S. Case No.413 of 2020 pending in the

court of the learned S.D.J.M., Bhubaneswar for commission of

offences under Sections 447/386/506/34 of the Indian Penal Code

has filed the bail application under Sect

release on bail.

4.The case of the prosecuti

receiving some

spot to find two people constructing a stall on a government land

as per direction of the

at the spot and broke into a

the enquiry

encroaching the

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8282 of 2020

Raja @ Sandeep Acharya

….

Mr.Amit Bose

-versus-

State of Odisha

….

Opposite Party

Mr.M.K.Mohanty

THE JUSTICE S. K. PANIGRAHI

ORDER

09.02.2022

. This matter is taken up by hybridmode.

2. Heard learned counsel for the parties.

The petitioner being in custody in C.T. case No.4488 of 2020

arising out of Capital P.S. Case No.413 of 2020 pending in the

court of the learned S.D.J.M., Bhubaneswar for commission of

offences under Sections 447/386/506/34 of the Indian Penal Code

has filed the bail application under Section 439 Cr.P.C. for his

release on bail.

The case of the prosecution is that on 17.10.2020 upon

some reliable information, the informant went to the

spot to find two people constructing a stall on a government land

as per direction of the petitioner. Thereafter, the petitioner reached

the spot and broke into a oral spat with the informant. During

it was found that the petitioner was involved in

the government land. Later, he handed over the same

IN THE HIGH COURT OF ORISSA AT CUTTACK

Petitioner

Amit Bose, Advocate

Opposite Party

M.K.Mohanty, ASC

THE JUSTICE S. K. PANIGRAHI

C.T. case No.4488 of 2020

arising out of Capital P.S. Case No.413 of 2020 pending in the

court of the learned S.D.J.M., Bhubaneswar for commission of

offences under Sections 447/386/506/34 of the Indian Penal Code

ion 439 Cr.P.C. for his

t on 17.10.2020 upon

ion, the informant went to the

spot to find two people constructing a stall on a government land

petitioner reached

the informant. During

it was found that the petitioner was involved in

he handed over the same

to the vendors

regular intervals by frightening them of the consequence of death

or grievous hurt.

aforesaid offences.

5. It is further submitted that though

the accused was forwarded to the Court

the aforesaid offense. However,

the petitioner ha

Further, no victim has been examined by the I.O. to show that the

petitioner was

So far the criminal antecedents

petitioner has

been released on bail in all those c

6. Per contra

the prayer for bail of the petitioner with the submission that the

petitioner is involved in

Police Stations which are given below

1.Capital P.S. Case No

2008, 413 of 2020 and 31 of 2020

2.Badagada P.S. Case

2002, 181 of 2002, 8 of 2003, 9 of 2003, 10 of 2003, 35 oif

2006, 198 of 2007, 64 of 2008,

3.Saheednagar P.S

2010

4. Laxmisagar

5.Nayapalli P.S

// 2 //

to the vendors. In lieu of the said, he extorted money

intervals by frightening them of the consequence of death

or grievous hurt. Consequently the F.I.R. was lodged for the

aforesaid offences.

It is further submitted that though the FIR was regis

accused was forwarded to the Court for allegedly c

the aforesaid offense. However, there is no material to show that

the petitioner has committed any of the aforesaid

no victim has been examined by the I.O. to show that the

was involved in the extortion of money from anybody

So far the criminal antecedents of the petitioner is concerned, the

petitioner has a long history of criminal records, however, he ha

been released on bail in all those cases.

Per contra, learn