Trinath Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5151 of 2022 Trinath Behera ....

Petitioner Mr. S.R. Mulia, Advocate -versusState of Odisha ....

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

ORDER

29.07.2022 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 connection with C.T.(S) Case No.48 of 2021, on the files of learned Sessions Judge, Angul, arising out of Angul P.S. Case No.73 of 2021 under Sections 302/34 of the IPC and is in custody since 23.03.2021.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judgecum-Special Judge(Vigilance), Angul, by order dated 12.08.2021 in the aforementioned case, the present BLAPL has been filed. 5.

Perused the statement of the witnesses P.Ws. 1 to 4. 6.

P.Ws. 1 is the mother of the accused and wife of the deceased. She has resiled from her earlier statement so also P.W.4 who is the brother of the petitioner. The P.W.2 and 3 also did not support the case of the prosecution.

7.

Taking into account the nature of the evidence and the accusation, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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