Ramarao Gemel v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2421 of 2022 Ramarao Gemel ....

Petitioner Mr. M. Padhy, Advocate - Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

15.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

04.

2.

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

3.

The petitioner is in custody in connection with Padwa P.S. Case No.83/2021 corresponding to G.R. Case No.974/2021 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge, Koraput for the alleged commission of the offence under Sections 302/201/120-B/34 of the I.P.C.

4.

The petitioner was named in the F.I.R. on suspicion by the informant. Except for the so called disclosure statement recorded under Section 27 of the Indian Evidence Act, there is no other independent or legally acceptable evidence to show the complicity of the petitioner in the alleged occurrence.

5.

Having regard to the above facts, the period of detention in custody and the fact that charge sheet has already been submitted in the case, 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 and in case of even a single default, necessary orders shall be passed by the court to take him to custody again.

6.

The BLAPL is disposed of.

7.

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

(Sashikanta Mishra) Judge A.K. Rana