Bhima Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6618 of 2022 Bhima Naik and another ....

Petitioners Mr. A.K. Pradhan, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

08.09.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are accused in G.R. Case No.170 of 2018 corresponds to S.T. Case No.107 of 2020 pending in the file of learned Additional Sessions Judge, Bhanjanagar, arising out of Buguda P.S. Case No.181 of 2018, offence under Sections 302/201/498(A)/304/34 of IPC and is in custody since 07.08.2019. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhanjanagar, Dist- Ganjam by order dated 04.06.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioner that trial has progressed substantially and the informant has also been

examined in the meanwhile and hence release of the petitioners is not in any way going to affect the ongoing trial. 6.

Learned counsel for the State opposes the prayer for bail. 7.

Taking into account the nature of allegations vis-à-vis the petitioner No.1, who is the father-in-law, this Court directs the petitioner No.1 to be released on bail on such terms to be fixed by the learned court in seisin over the matter. This Court is not inclined to entertain the bail application of Petitioner No.2 (Husband). The same accordingly stands rejected. 8.

The BLAPL thus stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi