Ashit Kumar Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4462 of 2022 Ashit Kumar Nayak ....

Petitioner Mr. A.R. Panda, Advocate -Versus - State of Odisha ....

Opp.Party Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 21.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 03.11.2021 in connection with Sahadevkhunta P.S. Case No.321 of 2021 corresponding to C.T. Case No.292 of 2021 pending in the Court of learned S.D.J.M., Balasore for the alleged commission of offence under Sections 302/201/34 of IPC. 4.

It is alleged that the petitioner killed the deceased with whom he had an illicit relationship. The petitioner is said to have been assisted by two other persons. There are no eyewitnesses to the occurrence. The petitioner was implicated entirely on the basis of the statement of the co-accused persons as also on so called extra judicial confession made by one of the co-accused person before another person.

5.

Considering the facts and the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit

and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana