Sudhina Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.254 of 2022 Sudhina Naik ....

Petitioner Mr. P.K.Mishra Advocate -versusState of Odisha ....

Opposite Party Miss.S.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

01.2.2022.

01.

1. This matter is taken up through virtual mode. Order No.

2. Heard Mr. P.K.Mishra, learned counsel for the Petitioner and Miss.S.Mishra, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 27th October, 2021 in connection with Binika P.S. Case No.208/2021 corresponding to G.R. Case No.197/2021 pending in the court of learned J.M.F.C., Binika for the alleged commission of the offence under Sections 341/323/325/294/506 of I.P.C.

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4. It is submitted that the learned court below rejected the application for bail filed by the Petitioner only on the ground that he is involved in some other cases prior to the occurrence. It is further submitted that the Petitioner has been released on bail in all such cases.

5. Learned Addl. Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that the victim in the instant case has sustained grievous injury due to the assault by the accused.

6. Having considered the rival submissions, the materials on record and the period of detention already undergone, I am inclined to allow the prayer for bail.

7. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the I.I.C. of Binika P.S. once every week for a period of six months.

8. The BLAPL is disposed of.

9. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice

// 3 // No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021 and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022. (Sashikanta Mishra) AKB Judge