Sunil Kumar Pradhan @ Surjya Pradhan @ Surjya Hata Khandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8409 of 2022 Sunil Kumar Pradhan @ Surjya Pradhan@ Surjya Hata Khandi ....

Petitioner Mr. Amlan Shakti Paul, Advocate -Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 14.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

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

3.

The petitioner is in custody since 24.07.2021 in connection with Jankia P.S. Case No. 146 of 2021 corresponding to G.R. Case No. 766 of 2021 pending in the court of learned S.D.J.M., Khurda for the alleged commission of offence under Sections 364/364(A)/325/307/367/368/395/120(B)/34 of IPC. 4.

His earlier application for bail was rejected by this Court on the ground that he was involved in the present case despite the condition imposed while granting him bail in another case that he shall not involve himself in any criminal activity. In the meantime, more than a year has elapsed, since the petitioner was arrested. The main offence alleged against him in the one under Section 307 of IPC. Trial has already commenced with two

witnesses being already examined.

5.

Considering the nature of accusations, I find no justified reason to detain the petitioner in custody any longer. The bail application is therefore allowed. 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 the petitioner shall appear before the IIC of Jankia police station on every alternate day till conclusion of trial and such fact shall be certified by the IIC to the concerned court once in a week. Further, he shall appear before the court in seisin over the matter on each date of posting of the case and in case of even a single default, necessary order shall be passed to take him into custody. 6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge BC Tudu