Subash Chanda Dora v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8636 of 2022 Subash Chandra Dora ....

Petitioner Mr. B.B.Routray, Advocate -versusState of Odisha ....

Opposite Party Mr.P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

25.11.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 4th September, 2021, in connection with Bantala P.S. Case No.298/2021 corresponding to C.T. (S) Case No.82/2022 pending in the court of learned Addl. Sessions Judge, Angul for the alleged commission of the offence under Section 302/34 of .P.C.

4. The Petitioner's application for bail was earlier rejected by this Court in BLAPL No.9305/2021 by order dated 6th January, 2022. In the mean time, trial has begun and several witnesses

// 2 // have been examined including the eye witnesses namely, Biswaranjan Nanda and Pabitra Behera (P.Ws.2 and 3). Both of them have turned hostile. Even otherwise, no specific overt act has been attributed to the Petitioner, who is said to be the father of main assailant.

5. Taking into consideration all the above facts, I am inclined to allow the prayer for bail. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall personally appear before the trial Court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the Court to take him to custody again.

6. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge