Sarath Babubhupati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3882 of 2022 Sarath Babu Bhupati ....

Petitioner Mr. S.K.Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. M.R.Mishra Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

16.9.2022.

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 12th January, 2022 in connection with Kasinagar P.S.

Case No.51/2018 corresponding to S.T. Case No.2/2022 pending in the court of learned Addl. Sessions Judge, Parlakhemundi for the alleged commission of the offence under Section 302/34 of I.P.C.

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4. It is submitted that in the mean time the original trial has ended in acquittal of the co-accused. In the said trial all the witnesses, who are also witnesses in the present split up case were examined and did not support the prosecution case. The certified copies of the depositions of P.Ws.1 to 4 have been produced for perusal of this Court.

5. Taking into consideration the above facts and 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 personally appear before the court below on each date of posting of the case without fail.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge