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Orissa High CourtBLAPL/1640/2022disposed off

Mithun Sendria v. State Of Odisha

2022-03-21Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1640 of 2022 Mithun Sendria and another ....

Petitioners Mr. B.K.Ragada, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.3.2022.

02.

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

2. Heard Mr. B.K.Ragada, learned counsel for the Petitioners and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

3. The petitioners are in custody since 1st February, 2022 in connection with Brajarajnagar P.S.

Case No.32/2022 corresponding to C.T. Case No.257/2022 pending in the court of learned S.D.J.M., Jharsuguda for the alleged commission of the offence under Sections 452/294/323/324/427/307/506/34 of I.P.C.

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4. It is submitted that the incident arose out of a dispute between two families and there has been a case and counter case lodged relating to the same occurrence. It is further submitted that there was a tussle in course of which the Petitioners also sustained some injuries.

5. Having regard to the submissions made, the materials on record and the fact that the materials on record do not definitely suggest an intention on the part of the Petitioners to kill the injured persons, I am inclined to allow the prayer for bail.

6. Let the Petitioners be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that they shall appear before the trial court below on each date of posting of the case without fail.

7. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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