Manoj Budhia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5726 of 2022 Manoj Budhia ....

Petitioner Md. Riaz, Adv.

- Versus - State of Odisha ....

Opp.Party Mr. S.K. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

16.09.2022 Order No.

3.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3. The petitioner is in custody since 30.06.2019 in connection with Baragarh Town P.S. Case No.274 of 2019 corresponding to C.T. Case No. 91 of 2019 pending in the Court of learned Dist & Sessions Judge, Baragarh for the alleged commission of offence under Sections 302/397/212 of IPC read with Sections 25/27 of Arms Act.

4. It is alleged that the petitioner and four other persons entered into the house of the informant with the intention to commit dacoity and in the process, one of the co-accused persons fired from a gun causing death of the deceased. The other accused persons, who stand on the same footing, have been released on bail as per orders passed by this Court in BLAPL No. 685 of 2020, BLAPL No. 2468 of 220 and BLAPL No.1403 of 2021. There is nothing on record to persuade the Court to take a different view in case of the petitioner.

5. Taking into consideration all the above facts, 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 without fail.

6. BLAPL is accordingly disposed of.

7. Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana