Akshya Rout @ Akshya Kumar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6211 of 2021 Akshya Rout @ Akshya Kumar Rout ....

Petitioner Mr. Tara Prasad Mohapatra, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 12.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

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

3.

The petitioner is in custody since 30.12.2020 in connection with Chandanpur P.S. Case No. 328 of 2020 corresponding to G.R. Case No. 3662 of 2020 pending in the court of learned S.D.J.M., Puri for the alleged commission of offence under Sections 394/397/304/34 of IPC.

4.

It is alleged that the informant and his wife were travelling in a motorcycle and at that time, the petitioner and another person came on a motorcycle and tried to snatch away the necklace from the neck of the petitioner's wife. As a result, she fell down and sustained injuries on her head and subsequently died of such injuries. In the meantime, trial has already commenced, the informant has himself been examined as P.W. 1. From a copy the

deposition filed by learned counsel for the petitioner, it appears that even though he has vividly described the occurrence, yet he has not implicated the petitioner or any other persons. 5.

Considering the above facts and taking the period of detention of the petitioner 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.

6.

The BLAPL is accordingly disposed of.

7.

Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) Judge B.C. Tudu