Ratilal Tigga v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2858 of 2022 Ratilal Tigga ....
Petitioner Mr. D.K.Mohapatra, Advocate -versusState of Odisha ....
Opposite Party Mr. P.K.Maharaj, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
20.4.2022.
Order No.
01.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3. The Petitioner is in custody since 21st August, 2021 in connection with Sundargarh Sadar P.S. Case No.126/2016 corresponding to G.R. Case No.769/2016 pending in the court of learned S.D.J.M., Sundargarh for the alleged commission of the offence under Sections 302/201/34 of I.P.C.
4. Though it is alleged that the Petitioner and some other persons committed murder of one Deepak @ Sankar Oram, yet
// 2 // from the F.I.R. it appears that the brother of the informant namely Deepak @ Sankar Oram along with the present Petitioner and some other persons had gone to purchase a Boat and while returning on the Boat by crossing a river, the said Deepak @ Sankar Oram allegedly fell into the river and despite search, his body could not be recovered. The F.I.R was lodged four days after the occurrence. As it appears, there is no direct or indirect material to show the complicity of the Petitioner in the occurrence and that he has been implicated in the case entirely on suspicion.
5. Having regard to the above facts, factum of submission of charge sheet and taking into consideration the period of detention in custody of the Petitioner, 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 without fail.
6. The BLAPL is disposed of.
7. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) AKB Judge
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