LAWS(ORI)-2024-4-48

ANTARYAMI NAIK Vs. STATE OF ODISHA

Decided On April 10, 2024
Antaryami Naik Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) This is the second application of the petitioner under Sec. 439 Cr.P.C. in this Court in connection with Khandapada P.S. Case No.207 of 2023 corresponding to G.R. Case No.202 of 2023, pending in the Court of the learned J.M.F.C., Khandapada where chargesheet has been submitted against the petitioner and co-accused, Babaji Naik, Babu @ Pramod Naik and Sudam Naik for commission of offences punishable under Ss. 420, 395, 397, 120-B of IPC and Sec. 66(D) of the I.T. Act and against the petitioner Antaryami Naik for commission of offences punishable under Ss. 420, 395, 397, 120-B/412 of IPC and Sec. 66 (D) of the I.T. Act keeping the investigation open. Mr.Arun Kumar Das, learned counsel for the petitioner submits that now the case is pending in the Court of the learned Sessions Judge, Nayagarh as S.T. Case No.41/2024.

(2.) BLAPL No.11992 of 2023 filed by the petitioner has been dismissed on 2/11/2023 and BLAPL No.11078 of 2023, BLAPL No.11080 of 2023 and BLAPL No.11079 of 2023 filed by the co-accused had been dismissed by a common order on 12/10/2023 granting liberty to them to move the learned Court below for bail afresh after completion of investigation. Thereafter, the prayer for bail of co-accused, Babaji Naik and Babu @ Pramod Kumar Naik had been allowed on 21/2/2024 in BLAPL No.389 of 2024 and of co-accused, Sudam Naik in BLAPL No.334 of 2024 has been allowed on 11/3/2024.

(3.) The prayer for bail of the petitioner has been rejected on 16/1/2024 by the learned Asst. Sessions Judge, Khandapada.