Hadu @ Nilamani Meher v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6508 of 2021 Hadu @ Nilamani Meher and another ....

Petitioners Mr. Suryakanta Dwibedi, Advocate -Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.02.2022 1.

This matter is taken up through virtual mode. Order No.

1.

2.

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

3.

The petitioners are in custody since 08.07.2021 in connection with Belpada P.S. Case No. 123 of 2021 corresponding to G.R. Case No. 477 of 2021 pending in the court of learned S.D.J.M., Patnagarh for the alleged commission of offence under Sections 272/274/275/120-B of the IPC.

4.

It is submitted that except for the statement of the co-accused persons there is no other material to show the alleged involvement of the petitioners in the occurrence.

5.

Learned Additional Standing Counsel for the State has opposed the prayer for bail by submitting that the petitioners are habitual offenders having series of criminal cases against their names.

6.

Having regard to the rival submissions, the materials on record, the period of detention already undergone and the fact that the petitioners appears to have been implicated only on the basis of the statement of co-accused persons, 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.

The BLAPL is accordingly disposed of.

8.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu