Sunil Kumar Nayak @ Sunil Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.986 of 2022 Sunil Kumar Nayak @ Sunil Nayak ....

Petitioner Mr. K. Mohanty Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.7.2022.

03.

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

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

3. The Petitioner is in custody since 31st July, 2021 in connection with Puri Sadar P.S.

Case No.277/2021 corresponding to G.R. Case No.2295/2021 pending in the court of learned Nyayadhikari, Gramanyayalaya, Puri for the alleged commission of the offence under Sections 294/324/326/307/34 of I.P.C. read with Sections 3 and 4 of the Explosive Substances Act.

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4. It is alleged that because of previous dispute, the Petitioner and another person assaulted the father and mother of the informant by means of a sword and also exploded a bomb causing serious injuries on them. It is submitted that the allegations have been exaggerated because of the prior dispute between the parties.

5. Perusal of the case diary reveals that the injured received injuries, which are suggestive of explosion of bomb in near proximity. However, the allegation of assault by sword is not substantiated by the injury report. It further appears that coaccused has already been released on bail as per the order passed by this Court in BLAPL No.2054/2022.

6. Taking into consideration all the above facts as also the period of detention in custody and the fact that similarly placed co-accused has already been released on bail, I am inclined to allow the prayer for bail. 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 personally appear before the court below on each date of posting of the case without fail. Further, he shall also appear before the I.I.C. of Puri Sadar P.S. on every Monday for a period of six months and such fact shall be certified by the I.I.C. to the concerned Court once in a month.

7. The BLAPL is disposed of.

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8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge