Jagannath Bhuyan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 2592 of 2022 Jagannath Bhuyan ....

Petitioner Mr. S. Dwibedi, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.04.2022 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 20.04.2021 in connection with Jarada P.S. Case No.85 of 2021 corresponding to S.T. Case No.105 of 2021 pending in the Court of learned 3rd Additional Sessions Judge, Berhampur for the alleged commission of offence under Sections 302/201/202/394/506 of IPC read with Section 25(1-B)(a)/27 of the Arms Act.

4.

It is alleged that while the petitioner and 10 other persons had gone to the jungle for illegal hunting, the petitioner fired a gun shot which caused severe injury on the neck of the deceased, who incidentally had gone to the jungle to collect firewood. 5.

From the FIR as well the statement of witnesses, it appears that the gun shot was fired accidently as there is nothing on record to suggest any prior enmity between the petitioner and the deceased so as to suggest a motive for killing her.

6.

Considering the above facts, materials on record, the period of detention in custody and the fact that charge sheet has already been submitted, 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. 7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana