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Orissa High CourtBLAPL/2889/2022disposed off

Nilu Birua @ Gulshan Biruli v. State Of Odisha

2022-04-25Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2889 of 2022 Nilu Birua @ Gulshan Biruli ....

Petitioner Mr. S. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.4.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

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

3. The Petitioner is in custody since 14th November, 2016 in connection with Harichandanpur P.S. Case No.111/2016 corresponding to S.T.Case No.26/63 of 2018 pending in the court of learned Asst. Sessions Judge, Keonjhar for the alleged commission of the offence under Sections 395/323/325 & 307 of I.P.C. read with Sections 25 (a) & 27(1) of the Arms Act.

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4. Considering the nature of accusations, the existence of materials prima facie in support thereof and taking into the fact that in the ongoing trial some eye witnesses have implicated him, I am not inclined to allow the prayer for bail, which is therefore rejected.

5. Having regard to the fact the case relates to the year 2016 and trial has already commenced with as many as 20 witnesses being examined, the Trial Court is directed to conclude the trial as early as possible preferably within a period of two months from today. In case, trial is not concluded within the aforesaid period, it is open to the Petitioner to renew his prayer for bail. (Sashikanta Mishra) AKB Judge