Lalsingh Gagarai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1405 of 2022 Lalsingh Gagarai ....

Petitioner Mr. S.P. Dash, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

2.

2.

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

3.

The petitioner is in custody since 13.01.2021 in connection with Raruan P.S. Case No.17 of 2021 corresponding to S.T. Case No.31 of 2021 pending in the Court of learned Sessions Judge, Karanjia for the alleged commission of offence under Sections 302/201/34 of IPC.

4.

It is submitted that except for the so called disclosure statement under Section 27 of the Indian Evidence Act, there is no other evidence against the petitioner. It is further submitted that similarly placed co-accused persons have already been released on bail.

5.

Considering the submissions, materials on record, the period of detention, absence of any direct evidence against the petitioner and the fact that similarly placed co-accused persons have already been released on bail as per orders passed by this Court in BLAPL Nos. 2576 of 2021, 2470 of 2021, 3098 of 2021 and 9214 of 2021 , I am inclined to allow the prayer for bail. Let the petitioner 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 he 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