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Orissa High CourtBLAPL/1899/2022disposed off

Balaram Sahoo v. State Of Odisha

2022-03-22Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1899 of 2022 Balaram Sahoo ....

Petitioner Mr. R.S. Samal, Advocate - Versus - State of Odisha ....

Opposite Party Mr. A. Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.03.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

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

3.

It is submitted that the case has been falsely foisted against the petitioner, inasmuch as the deceased consumed poison out of a petty quarrel because the petitioner used to consume alcohol at times. It is further submitted that the matter has in the meantime been settled between both the families and that the informant, who is the mother of the deceased, filed an affidavit in the Court below indicating that she had lodged the FIR on a sudden impulse without knowing the actual facts of the case.

4.

Mr. Pradhan, learned Addl. Stand Counsel has opposed the prayer for bail by submitting that the medical examination report clearly reveals that the victim died due to organophosphorus insecticidal poisoning and there are other materials to show that there was demand of Rs.10 lakhs from the side of the petitioner and his family members prior to the occurrence.

5.

Considering the submissions as above, the materials on record, this Court is not inclined to allow the application for bail, which is therefore rejected. It is open to the petitioner to renew his prayer for bail after examination of some material witnesses in the case including the parents of the deceased.

6.

BLAPL is accordingly rejected.

(Sashikanta Mishra) Judge A.K. Rana