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Orissa High CourtBLAPL/485/2021dismissed

Gurudev Bariha v. State Of Odisha

2022-04-21Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 485 OF 2021 Gurudev Bahiha .........

Petitioner Mr. Sachidananda Padhee, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

21.04.2022 Order No.

04.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with C.T. Case No. 27 of 2019 corresponding to Attabira P.S. Case No. 50 of 2019, pending on the file of the learned Dist. & Sessions Judge, Bargarh for the alleged commission of offence under Sections-307/498(A) of the IPC, and is in custody since 17.02.2019.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Dist. & Sessions Judge, Bargarh by Order dtd. 07.10.2020 in C.T. No. 27 of 2019, the present BLAPL has been filed.

4.

Heard Mr. S. Padhee, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

5.

It is stated by the learned counsel for the petitioner that he is in custody since 17.02.2019 and since the final form is stated to have been submitted on 14.06.2019, further continuance of the petitioner is not warranted.

6.

Per contra, the learned counsel for the State relying on the statement of one Gopal Bariha who has been cited as witness No.4 in Charge-sheet submits that there are materials on record which clearly poin to the complicity of the petitioner. 7.

Considering the submission made across at the Bar, I am not inclined to entertain the bail of the petitioner and the same stands rejected.

8.

Accordingly, the BLAPL stands dismissed.

9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge