Tuna @ Kunal Pingua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6004 of 2022 Tuna @ Kunal Pingua ....

Petitioner Mr. A.K. Panda, Advocate - Versus - State of Odisha ....

Opp.Party Mr. M. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

22.09.2022

1. This matter is taken up through hybrid mode. Order No.

02.

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

3. Learned counsel for the petitioner is permitted to correct the typographical error in the cause title in Court.

4. The petitioner is in custody since 19.10.2021 in connection with Barbil P.S. Case No.172 of 2021 corresponding to S.T. Case No.06 of 2022 pending in the Court of learned Addl. Sessions Judge, Champua for the alleged commission of offence under Sections 302/294/201/34 of IPC.

5. It is alleged that the petitioner and some other persons committed robbery in the house of the deceased and also committed his murder. In so far as the petitioner is concerned, he appears to have been implicated only on the confessional statement of the co-accused, Abinash @ Kanda Nag. There is no independent material to show his complicity in the alleged occurrence, save and except the allegation that he was the driver of the Bolero vehicle in which the accused persons had travelled prior to the occurrence.

6. Considering the above facts and taking into account 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 without fail.

7. BLAPL is accordingly disposed of.

8. Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana