Aruna Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5467 of 2022 Aruna Ray ....

Petitioner Mr. D. Das, Adv.

- Versus - State of Odisha ....

Opp.Parties Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

16.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

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

3.

The petitioner is in custody since 01.06.2022 in connection with Bampada Industrial P.S.

Case No.199 of corresponding to C.T. Case No.1025 of 2021 pending in the Court of learned S.D.J.M., Balasore for the alleged commission of offence under Sections 341/388/302/34 of IPC. 4.

The case of the prosecution is that the petitioner being associated with some other persons committed the murder of one Jagdish Palei. One of the main witnesses, namely Sridhar Tunga, who had stated about the presence of the petitioner at the spot of occurrence in his Section 161 Cr.P.C. statement, has in the meantime turned hostile during his examination in the trial. The other witness, who has spoken about him, namely, Sanjay Parida, has referred to the petitioner's association in general terms

without making any specific allegation. Similarly placed coaccused has already been released on bail as per order passed by this Court in BLAPL No. 11307 of 2021.

5.

Taking into account all the above circumstances 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 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 and in case of even a single default necessary orders shall be passed by the Court below to take him to custody again. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana