Niranjan Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2481 of 2022 Niranjan Pradhan ....

Petitioner Mr. B.R. Tripathy, Advocate - Versus - State of Odisha ....

Opposite Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.07.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

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

3. The petitioner is in custody since 11.01.2021 in connection with Reamal P.S. Case No.5 of 2021 corresponding to S.T. Case No.14 of 2021 pending in the Court of learned Addl. Sessions Judge, Deogarh for the alleged commission of offence under Sections 304/201 of IPC.

4. It is alleged that the petitioner laid electric lines on his field with the intention of trapping and killing wild boars. The brother of the informant accidentally came in contact with such wire and was electrocuted. There is no premeditation involved as nothing has been brought out to show that the electricity wire had been laid with the purpose of causing any damage to the deceased. Prima facie, it can be treated as an act of accident.

5. Considering the above facts as also taking into account 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