Murali Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6482 OF 2020 Murali Pradhan .........

Petitioner Mr. Jyotirmaya Sahoo, Adv.

-versusState of Odisha ............

Opposite Party Mr. Karunakar Nayak, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

14.03.2022 Order No.

10.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with S.T. Case No. 167 of 2019 ( arising out of G.R. Case No. 135 of 2019) corresponding to Purushottampur P.S. Case No. 142 of 2019, for the alleged commission of offence under Sections341/302/294/506/34 of the I.P.C. and is in custody since 25.06.2019.

3.

Being aggrieved by the rejection of his application for bail U/s.. 439 Cr.P.C. by the learned Addl. District & Sessions Judge, Chatrapur by order dtd. 17.08.2020 in S.T. No. 167 of 2019, the present BLAPL has been filed. 4.

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

5.

On perusal of the deposition of the witnesses 1 to 5 including that of the son P.W.-1 and the informant P.W.-4, it is seen that they have resiled from the earlier statements and have not supported the prosecution.

6.

In view of the nature of allegation and the tenor of prosecution evidence on record and taking into account the period of incarceration, this Court directs that the petitioner shall be released on bail on such conditions to be fixed by the learned Court in seisin of the matter with the additional condition that the petitioner shall attend each date of trial and shall desist from intimidating the prosecution witnesses. 7.

The BLAPL thus stands disposed of.

8.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Balaram Judge