Kirti Kumar Tripathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.76 of 2022 Kirti Kumar Tripathy ....

Petitioner Mr. M. Kanungo, Sr. Advocate, Mr. Sidhartha Das, Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

28.06.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

2. Heard learned Senior counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 15th September, 2021 in connection with Saheed Nagar P.S. Case No.326/2021 corresponding to C.T. Case No.4609/2021 pending in the court

// 2 // of learned S.D.J.M., Bhubaneswar for the alleged commission of the offence under Sections 302/201/34 of I.P.C.

4. The facts of the case are that the Petitioner is the Managing Trustee of a Drug Rehabilitation Centre from which several inmates including the deceased, attempted to escape. They were subsequently apprehended by the staff of the Center and severely assaulted. As per eye-witness account the Petitioner also assaulted the deceased causing severe bodily injuries, which ultimately led to his death.

5. Considering the severity of the allegations and the existence of materials prima facie in support thereof, I am not inclined to allow the prayer for bail at this stage.

6. However, it is open to the Petitioner to renew his prayer after examination of material witnesses in the case.

7. The BLAPL is accordingly disposed of.

(Sashikanta Mishra) AKB Judge