Dipak Kumar Sethy @ Bablu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4784 of 2022 Dipak Kumar Sethy @ Bablu ....

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

Opposite Party Mr. P. Tripathy Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

21.10.2022.

02.

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 January, 2022 in connection with Mancheswar P.S.

Case No.465/2021 corresponding to C.T. Case No.5/2021 pending in the court of learned Sessions Judge, Khurda for the alleged commission of the offence under Sections 302/324/201/1210(B)/34 of I.P.C.

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4. It is alleged that one Bapuni Nayak, who happens to be the brother of the informant entered into her house at night being armed with sword and assaulted her husband by means of the said sword causing several injuries due to which he died. It is the further case of the prosecution that after such assault, the accused Bapuni Nayak came out of the house and fled away with the Petitioner and another person on a motor cycle. There is no iota of allegation in so far as the present Petitioner is concerned, save and except the fact that he had helped the principal accused person to escape from the spot.

5. Considering 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

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