Prafulla Sahoo @ Babuli Sahoo @ Sahu @ Mahakud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3516 of 2022 Prafulla Sahoo @ Babuli Sahoo @ Sahu @ Mahakud ....

Petitioners Mr.Pradeep Kumar Das(1), Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Nayak, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

16.05.2022 01.

1.

This matter is taken up through Hybrid Arrangement Order No.

(Virtual/Physical Mode).

2.

This is an application under Section 439 Cr.P.C. filed by the Petitioners for bail in connection with Gurundia P.S. Case No.10 of 2022, corresponding to G.R. Case No.148 of 2022, pending in the file of learned S.D.J.M., Bonei, for commission of alleged offences under Sections 365/346/171-F/506/307/34 of IPC 3.

Heard learned counsel for both the parties. Perused the FIR, Case Diary and statement of witnesses.

4.

Learned counsel for the Petitioners submits that Petitioners are languishing in jail custody since the date of their arrests, i.e. 16.03.2022. It is submitted that they have been

// 2 // falsely implicated in the case due to political rivalry. The further submission is that Petitioners are the sole earning members in their family and due to their arrest, their family members are in great difficulty and are starving. It is also submitted that they are ready to abide by any terms and conditions as fixed by this Hon'ble Court in the event of bail.

5.

Learned counsel for the State vehemently objects the prayer for bail of the Petitioners. It is submitted that Petitioners are involved in heinous crime, therefore, no leniency should be shown to the present Petitioners, who are involved in such crime. Accordingly, he prays for rejection of their bail application.

6.

Having regard to the facts and circumstances of the case, considering the nature and gravity of offences alleged and the period of detention of the Petitioners, this Court is inclined to release the Petitioners on bail on such terms and conditions as fixed by the trial court.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

Issue urgent certified copy of this order on proper application.

(A.K. Mohapatra) Judge U.K.Sahoo