Urmila@ Nirmala@ Manjula Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2375 of 2022 Urmila @ Nirmala @ Manjula Majhi ....

Petitioner Mr. S. Panda, 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 petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 27.02.2017 having remanded in connection with Kantabanji P.S. Case No.48 of 2013 pending in the Court of learned Addl. Sessions Judge, Kantabanji for the alleged commission of offence under Section 457/395/436/427/506/120-B of IPC read with Section 25/27 of Arms Act and Section 3 of Explosive Substance Act. 4.

As it appears, the petitioner was in custody in some other cases involving similar offence. In all those cases, the petitioner has been granted bail as per orders passed by this Court in BLAPL No. 6908 of 2021, 6909 of 2021 and 6910 of 2021. 5.

The allegation is that the petitioner being associated with several other persons entered into a country liquor shop, burnt the liquor and set fire to the shop. They also took away Rs.16,800/- and some mobile phone from the said shop. It is submitted that the trial is pending since 2017 and the petitioner being a lady has been

unnecessarily harassed.

6.

Learned State Counsel has opposed the prayer for bail by submitting that the petitioner belongs to State of Chhatishgarh and there may be difficulty in procuring during trial. 7.

Having regard to the submissions as above, the nature of accusations made, the materials on record and the period of detention 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:

(i) the Court shall insist on two sureties belonging to the district of Bolangir for such amount as may be fixed by it. (ii) she shall not leave the territorial jurisdiction of the Court without obtaining leave of the said Court; and (iii) she shall appear before the IIC of Kantabanjhi Police Station on every Monday at 10 a.m. till conclusion of the trial.

8.

BLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana