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Orissa High CourtBLAPL/1512/2022disposed off

Singuru Bidika @ Bidika Singuru v. State Of Odisha

2022-04-18Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1512 of 2022 Singuru Bidika @ Bidika Singuru ....

Petitioner Mr.J.K. Khuntia, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

18.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

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

3.

The petitioner is in custody since 15.11.2021 in connection with Bandhugaon P.S. Case No.56 of 2017 corresponding to G.R. Case No.205 of 2017 pending in the Court of learned J.M.F.C., Laxmipur for the alleged commission of offence under Sections 364/302/201/34 of IPC.

4.

The allegation is that the present petitioner being associated with several other persons assaulted the deceased suspecting him of practicing witchcraft and because of such assault, the deceased died. Thereafter, they set fire to his dead body. 5.

It is submitted that similarly placed co-accused persons, namely, Naba Bidika @ Bidika Nanda and Basana Bidika have been released on bail as per order passed by this Court in BLAPL No. 9578 of 2017.

6.

On perusal of the materials on record, it is seen that the petitioner stands on the same footing as the said co-accused persons, who have already been released on bail and therefore there is no reason to treat him differently.

7.

Having regard to the above fact as also the period of detention of the petitioner in custody 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.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana