Biswanath Haldar @ Katru v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2289 of 2022 Biswanath Haldar @ Katru ....

Petitioner Mr. A.K.Jena Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.9.2022.

03.

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

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

3. The Petitioner is in custody in connection with Jodamba P.S. Case No.4/2020 corresponding to G.R. Case No.786/2020 pending in the court of learned S.D.J.M., Malkangiri for the alleged commission of the offence under Sections 147/148/120-B/121/121-A/3645/302/307/149 of I.P.C. read with Section 17 of Criminal Law (Amendment) Act and

// 2 // Section 16(1)(a)/18/20 of UAP Act and Sections 25 and 27 of the Arms Act.

4. The prosecution allegation is that five Maoists came to the house of the informant, took his son and assaulted him severely and slit his throat causing his death. The Petitioner is not one of those five assailants, but is said to be a part of 40 to 50 maoists who had come to the spot subsequently.

5. Considering the above facts and particularly in the absence of any specific materials against the Petitioner, I am inclined to allow the prayer for bail. 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 court below on each date of posting of the case without fail. Further, he shall also appear before the I.I.C. of Jodamba P.S. on every Sunday at 10 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the concerned Court once in a month.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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