Asutosh Garnaik @ Lintu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.3278 OF 2021 Asutosh Garnaik @ Lintu ....

Petitioner Mr. M.K. Agrawalla, Advocate -versusState of Odisha ....

Opposite Party Mr.D.R. Parida, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

16.03.2022 01.

1.

The matter is taken up through hybrid arrangement Order No.

(virtual/physical) mode.

2.

This is the second journey of the Petitioner, who is in custody in connection with Banarpal P.S. Case No.191 of 2020 corresponding to G.R. Case No.1327 of 2020, pending on the file of learned Addl. District & Sessions Judge, Angul running for the alleged commission of offence under section 498A/302/304-B/406/34 of the IPC read with Section-4 of the D.P. Act, in filing this application under section 439, Cr.P.C., for his release on bail in the above mentioned case.

3.

Heard learned counsel for the Petitioner and learned counsel for the State.

4.

Taking into account the submissions made; further keeping in view the materials on records including the deposition of the witnesses so far examined in the trial and all such developments which have taken in the meantime with other surrounding circumstances as also the period of detention

// 2 // of the Petitioner in custody, while being inclined to reconsider the prayer for grant of bail to the Petitioner; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that that he will appear in person before the Court in seisin of the case on each and every date of posting of the case; and will not threaten or terrorize the prosecution witnesses in any manner. Violation of any of the above condition(s) shall entail cancellation of bail.

5.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan