Kirti Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5044 of 2022 Kirti Bhoi ....

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

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.07.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in S.C. No.05 of 2022, pending on the files of learned Additional Sessions Judge, Kantabanji arising out of Bangomunda P.S. Case No.44 of 2019, under Sections 302/201/34 of the IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kantabanji, by order dated 04.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the release of the co-accused by order dated 27.04.2022 in BLAPL No.923 of 2022 and in consideration of the Statement of P.W.3, since the petitioner prima facie similarly circumstanced with the co-accused since released on bail, this Court

directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin of the matter.

6.

Accordingly, the BLAPL stands disposed of.

7.

Urgent certified copy of this order be granted as per the rules. (V. NARASINGH) Judge Santoshi