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Orissa High CourtBLAPL/3851/2022disposed off

Nira @ Niranjan Das v. State Of Odisha

2022-10-20Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3851 of 2022 Nira @ Niranjan Das ....

Petitioner Mr. S.R.Mulia, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

20.10.2022.

03.

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 2nd February, 2022 in connection with Tangi P.S. case No.214/2021 corresponding to G.R. Case No.2691/2021 pending in the court of learned J.M.F.C.(R) Cuttack for the alleged commission of the offence under Section 395 of I.P.C.

4. The prosecution allegation is that one Nira and his brother Papu assaulted the informant with the assistance of three other

// 2 // friends including the present Petitioner. Though there is an allegation of assault by means of a knife on the neck of the informant, yet it is not forthcoming from the materials on record as to who was the assailant.

5. Having regard to the submissions made, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail.

6. Let the Petitioner be released on bail in the aforesaid case on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that he shall personally appear before the court below on each of posting of the case without fail. Further, he shall appear before the I.I.C. of Tangi P.S. on every Sunday at 10.00 A.M. for a period of six months.

7. The BLAPL is disposed of.

8. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB c Judge

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