Adma Beka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1417 of 2022 Adma Beka ....

Petitioner Mr. R.C. Pattnaik, Adv.

-versusState of Odisha ....

Opp. Party Mr. G.R. Mohapatra, ASC

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

26.09.2022 05.

1.This matter is taken up through hybrid mode.

2. Heard learned counsel for the parties.

3. The petitioner being in custody in connection with G.R. Case No. 173 of 2020 arising out of Podia P.S. Case No.26 of 2020 pending on the file of the learned J.M.F.C. Motu at M.V. 79, Malkangiri for the alleged commission of offences under Sections 302 IPC has prayed for their release on bail.

4. It is alleged in the F.I.R. that in the preceding night of 18.06.2020 the quarreled with his deceased wife over a glass of water and getting annoyed, assaulted her with a

// 2 // fire wood and also strangulated her neck, as a result of which, she succumbed to the injury.

5. Learned counsel for the petitioner submits that the petitioner is an innocent person and nothing has been seized from the accused petitioner and only circumstantial evidence the police foisted this false case.

6. Learned counsel for the State vehemently opposed the bail prayer of the petitioner.

7. Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner, the stringent punishment provided and that there are reasonable grounds for believing that the Petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not possible to record in this case, the prayer for bail is devoid of merit. Hence, the prayer for bail stands rejected.

8. Accordingly, the BLAPL is rejected.

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

(Dr. S.K. Panigrahi) Judge SD