Naria@Narendra Rana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3568 of 2022 Naria @ Narendra Rana ....

Petitioner Mr. G.K.Mohanty, Advocate -versusState of Odisha and another ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

19.5.2022.

06.

1. This matter is taken up through hybrid mode. Order No.

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

3. The Petitioner is in custody since 08th April, 2021 in connection with Dharmashala P.S.

Case No.182/2021 corresponding to C.T. Case No.69/2021 pending in the court of learned District and Sessions Judge, Jajpur for the alleged commission of the offence under Sections 341/294/323/325/354/34 of I.P.C. and Section 32(2)(v)(a) of SC & ST (P.A.) Act.

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4. It is alleged that the Petitioner being associated with three other persons assaulted the deceased resulting in bodily injuries to which he succumbed after two days of the occurrence. It is submitted that there was no premeditation or intention to kill the deceased. The materials on record also suggests that there was no premeditation on the part of the Petitioner and the occurrence took place during quarrel between the Petitioner and the deceased. That apart, the co-accused persons who also assaulted the deceased have been released on bail.

5. Taking into consideration all the above facts as also the period of detention in custody, 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 and in case of even a single default, the said court shall pass appropriate orders to take him to custody again.

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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