Ashok Samal @ Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1099 of 2022 Ashok Samal @ Bhoi & Anr.

....

Petitioners Mr. S.K. Padhi, Advocate -Versus - State of Odisha ....

Opp.Party Mr. P. Tripathy, Addl. Standing counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 20.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

03.

2.

Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

3.

The petitioners are in custody since 15.03.2021 in connection with Pipili P.S.

Case No.275 of corresponding to G.R. Case No.390 of 2021 pending in the Court of learned J.M.F.C., Pipili for the alleged commission of offence under Sections 341/294/323/302/506/34 of IPC. 4.

It is alleged that being abused by the deceased, who was in an intoxicated state, the petitioners killed him. There are no eye-witnesses to the occurrence. The circumstances appearing allegedly against the petitioners are that they may have killed the deceased because the deceased had abused them. 5.

Considering the fact that there is no acceptable evidence to prima facie show the complicity of the petitioners in the alleged occurrence, I am inclined to allow the prayer for bail. Let the petitioners be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that they shall

personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana