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Orissa High CourtBLAPL/7120/2021disposed off

Bijay Ulka @ Bijaya Ulaka v. State Of Odisha

2022-08-01Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7120 of 2021 Bijay Ulka@Bijaya Ulaka ....

Petitioner Mr. N. Sahani, Advocate -Versus - State of Odisha ....

Opposite Parties Mr. S.K. Mishr, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 01.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

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

3.

The petitioner is in custody since 29.01.2021 in connection with Rayagada P.S. Case No. 22 of 2021 corresponding to C.T. Case No. 14 of 2021 of the court of learned District and Sessions Judge, Rayagada for the alleged commission of offence under Sections 302/201 of IPC.

4.

In this case, the petitioner initially lodged FIR alleging that somebody had killed his wife. But, in course of investigation, it was found that he had himself committed the murder and had pretended as if somebody else killed his wife. There are materials to show prima facie in the form of statement of some witnesses who have last seen him in the company of his wife. Secondly, the petitioner has also given recovery to the axe which was used to kill his wife,

as per his disclosure statement recorded under Section 27 of the Evidence Act.

5.

Taking into consideration all the above facts, I am not inclined to allow the prayer for bail, which is therefore rejected. However, this case is of the year 2021, learned court below shall do well to try and dispose of the case as early as possible, preferably within a period of six months.

6.

The BLAPL is accordingly rejected.

(Sashikanta Mishra) Judge B.C. Tudu