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Orissa High CourtBLAPL/2007/2022disposed off

Pradeep Pradhani@ Pradip Pradhani v. State Of Odisha

2022-03-28Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2007 of 2022 Pradeep Pradhani @ Pradip Pradhani ....

Petitioner Mr. T.K.Sahu Advocate -versusState of Odisha and another ....

Opposite Parties Mr.P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

28.3.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 24th October, 2021 in connection with Muribahal P.S.

Case No.177/2021 corresponding to G.R/Case No.170/2021 pending in the court of learned J.M.F.C., Muribahal for the alleged commission of the offence under Sections 364-A/34 of the I.P. C.

4. It is submitted that the name of the Petitioner does not find place in the F.I.R. and that except for a bald statement of the

// 2 // victim regarding his presence, there is no other material to show his involvement in the occurrence. It is further submitted that the co-accused persons, namely Rushi Pradhan and Digambar Pradhan, have already been released on bail by order passed by the learned Addl. Session Judge, Kantabanjhi.

5. Learned Addl. Standing Counsel has opposed the prayer for bail by submitting that the Petitioner was a part of the group which had committed the alleged occurrence.

6. Having considered the rival submissions, the materials on record, the period of detention in custody so also the fact the co-accused persons have already been released on bail, I am inclined to allow the prayer for bail.

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

8. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB c Judge

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