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Orissa High CourtBLAPL/2399/2022disposed off

Narayan Mohanty v. State Of Odisha

2022-10-21Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2399 of 2022 Narayan Mohanty ....

Petitioner Mr. B.S.Dasparida, Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.10.2022.

04.

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 since 13th January, 2022 in connection with Bhandaripokhari P.S. Case No.25/2021 corresponding to S.T.

Case No.61/2021 (G.R.

Case No.158/2021) pending in the court of learned Sessions Judge, Bhadrak for the alleged commission of the offence under Sections 498-A/302/506/34 of I.P.C.

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4. It is alleged that the Petitioner was the husband of the deceased whom he had married. The Petitioner had an illicit relationship with her aunt, which caused serious discord between husband and wife. The deceased was found dead with certain injuries on her body near a bamboo bush. There is no direct or indirect material to show the complicity of the Petitioner in the alleged occurrence even remotely.

5. Taking into consideration all the above facts 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 may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge