Santosh Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7865 of 2022 Santosh Pradhan & Anr.

....

Petitioners Mr. S.K. Jena, Advocate -Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 09.09.2022 1.

This matter is taken up through hybrid mode.

Order No.

01.

2.

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

3.

The petitioners are in custody since 05.05.2021 in connection with Kuakhia P.S. Case No.155 of 2022 corresponding to C.T. Case No.1096 of 2022 pending in the Court of learned Sessions Judge, Jajpur for the alleged commission of offence under Sections 341/323/324/294/307/506/34 of IPC.

4.

The petitioners' earlier bail application was disposed of as withdrawn. The present application has been filed as in the meantime trial has begun and the material witnesses have already been examined. As evident from the order of rejection of the court below, neither the informant nor the victim has supported the case of the prosecution. The said witnesses have also turned hostile.

5.

Considering the above facts, materials on record and the period of detention 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. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana