Chakradhar Ghana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2470 of 2022 Chakaradhar Ghana ....

Petitioner Mr. A.K. Swain 1, Adv.

- Versus - State of Odisha ....

Opp. Party Mr. P. Tripathy, ASC

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.09.2022 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 12.11.2021 in connection with Nayakote P.S. Case No.59 of 2021 corresponding to S.T. Case No.13 of 2022 pending in the Court of learned Sessions Judge, Keonjhar for the alleged commission of offence under Sections 363/366/302/201 of IPC.

4.

As per the prosecution allegation, the petitioner eloped with the victim with whom he had love affair but committed her murder by strangulating her. The petitioner is also said to have concealed the dead body of the deceased by covering it with dried branches and leaves. There are no eye-witnesses to the occurrence and the case rests entirely on the circumstantial evidence. Prosecution attempts to project the so called extra judicial confession made by the petitioner as also the disclosure statement leading to discovery of the bones of the disease. There is no also acceptable evidence to show the complicity of the petitioner in the alleged occurrence.

5.

Taking into consideration all the fact as also 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 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