Subhadra Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1711 of 2022 Subhadra Sahu ....

Petitioner Mr. P.C. Mishra, 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 30.08.2021 in connection with Khandagiri P.S. Case No.453 of 2021 corresponding to C.T. Case No.2/5 of 2022 pending in the Court of learned 2nd Addl. District and Sessions Judge, Bhubaneswar for the alleged commission of offence under Sections 302/34 of IPC read with Section 6 of POCSO Act.

4.

The prosecution allegation is that one Raja Jayasingh repeatedly stabbed the deceased causing fatal injuries while other persons including the present petitioner caught hold of the deceased facilitating thereby the crime.

5.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only because she happens to be a family member of Raja Jayasingh. Moreover, she being an elderly lady, the prosecution allegation is difficult to believe on the face of it.

6.

Considering the submissions as above, the materials on record and taking into account 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. 7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana