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Orissa High CourtBLAPL/2364/2022disposed off

Rukmani Podh @ Rumani Podh v. State Of Odisha

2022-04-04Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2364 of 2022 Rukmani Podh @ Rumani Podh and others ....

Petitioners Mr. P.K. Nayak, Advocate - Versus - State of Odisha .... Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioners are in custody since 07.03.2022 in connection with Bangomunda P.S. Case No.87 of 2018 corresponding to G.R. Case No.407 of 2018 pending in the Court of learned J.M.F.C., Bangomunda for the alleged commission of offence under Section 147/148/294/302/323/149 of IPC.

4.

The allegation is that because of a petty quarrel arising out of throwing out of garbage, the petitioners are said to have assaulted the deceased causing grievous injuries on his person, due to which he ultimately died. As it appears, the main allegation is against one Tekeras Podh, who is said to have dealt a fatal blow by means of an axe on the head of the deceased and in so far as the petitioners are concerned, the allegations appears to be omnibus in nature. Another co-accused, namely, Bhanumati Podh, who stand on the same footing as the present petitioners, has been released on bail as per the order passed by this Court in BLAPL No. 2162 of 2019.

5.

Having regard to the above facts, 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.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana