Amit Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4524 of 2021 Amit Pradhan ....

Petitioner Mr. Jitendra Samantaray, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

23.3.2022 Order No.

07.

1.

Heard Mr. J. Samantaray, learned counsel for the Petitioner and Ms. S. Mishra, learned Additional Standing Counsel. 2.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Amit Pradhan in connection with Jarada P.S. Case No.87 of 2019 corresponding to S.T. Case No.4 of 2020 (G.R. Case No.141 of 2019) pending in the court of learned 1st Additional Sessions Judge, Berhampur for alleged commission of offence under Sections 147/148/294/323/324/307/302/506/149 of the Indian Penal Code.

3.

It is submitted that the Petitioner is inside custody since 11th September, 2019 and the trial is yet to commence in spite of submission of the charge-sheet since long. It is further submitted that this Petitioner has no criminal antecedent and the cause of death is due to one single injury on the head allegedly dealt by the petitioner as per statements of the eye-witnesses. It is thus submitted that the Petitioner had no intention to kill the deceased.

4.

After hearing Ms. Mishra, learned Additional Standing Counsel for State and considering the statements of eye witnesses as well as the cause of death mentioned in the PM report, it is directed to release the present Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.

5.

The BLAPL is accordingly disposed of.

6.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda