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Orissa High CourtBLAPL/3245/2022allowed

Purnachandra Bindhani @ Muna v. State Of Odisha

2022-09-05Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3245 of 2022 Purnachandra Bindhani@Muna ....

Petitioner Mr. S.R. Mohapatra Advocate -versusState of Orissa ....

Opposite Party Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

05.09.2022 Order No.

03.

1. This is an application under Sec.439 Cr.P.C. for bail and the offence alleged is under Sec.302, I.P.C.

2. Heard Mr. S.R. Mohapatra, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted on behalf of the Petitioner that he is inside custody since 30.08.2021 and no material is there to suggest his implications in the alleged commission of murder except the confessional statement leading to discovery of one mobile phone and the wooden stick.

4. Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party though opposes the prayer for bail, but could not be able to show any material against the Petitioner except such confessional statement leading to discovery.

5. Upon hearing both the parties and considering the period of detention of the Petitioner inside custody as well as the nature of materials brought against him in course of investigation, it is directed to release the Petitioner on bail in connection with Bamibari P.S. Case No.147/2020 corresponding to G.R. Case No.506/2020 on such terms and conditions to be fixed by the learned J.M.F.C., Barbil or the court in seisin over the matter as he deems just and proper.

6. The BLAPL is disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik