Sk Mozamil Raja @ Sk Mozamir Raja v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6065 of 2022 Sk. Mozamil Raja @ Sk. Mozamir Raja & Anr.

....

Petitioners Mr. G.K. Mohanty, Adv.

- Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

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

3.

This is second journey of the petitioners to this Court, their earlier application for bail being rejected as per order passed by this Court in BLAPL No. 10388 of 2021.

4.

The petitioners are in custody since 10.06.2021 in connection with Dharmashala P.S. Case No.296 of 2021 corresponding to C.T. Case No.944 of 2021 pending in the Court of learned District and Sessions Judge, Jajpur for the alleged commission of offence under Sections 448/341/294/323/324/427/ 325/379/354(A)/506/307/34 of IPC.

5.

His earlier application was rejected by this Court observing that one Kamroon Bibi had specifically stated about the presence of the petitioners during the occurrence and liberty was granted to them to renew their prayer after examination of material witnesses including Kamroon Bibi. In the meantime, Kamroon Bibi and three other persons have been examined. The informant, Nargis Parween has turned hostile and so also Kamroon Bibi.

6.

Considering the above fact and the period of detention of the petitioners in custody, I am inclined to allow the prayer for bail. Let the petitioners 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 they 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