Srinibas Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3190 of 2022 Srinibas Dehury ....

Petitioner Mr. R.N. Panda, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

The petitioner is in custody since 20.11.2021 in connection with Baramba P.S. Case No.82 of 2019 corresponding to G.R. Case No.80 of 2019 pending in the Court of learned J.M.F.C., Baramba for the alleged commission of offence under Sections 147/148/341/323/324/325/326/302/336/337/338/294/506/149 of IPC 3.

The prosecution allegation is that a large group of persons assaulted the deceased by means of deadly weapons causing his death.

4.

It is submitted that the fatal blow was given by one Benudhar Dehury and in so far as the present petitioner is concerned the only allegation against him is that he was present at the spot holding an iron rod. Similarly placed co-accused person has already been released on bail as per order passed by this Court in BLAPL No. 9495 of 2019.

5.

Having regard to the above facts and the period of detention in custody and particularly in the absence of any specific overt act being attributed to the petitioner, I am 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