Baburam Munda @ Budhuram Munda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9464 of 2022 Baburam Munda @ Budhuram Munda ....

Petitioner Mr. S.S. Parida, Advocate -versusState of Odisha ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

09.12.2022 Order No.

04.

1.

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

2.

The petitioner is an accused in Spl. Case No.95 of 2021 TC-7/93 of 2021, pending in the file of learned Adhoc Addl. District & Sessions Judge (FTSC) Keonjhar, arising out of Keonjhar Sadar P.S. Case No.433 of 2021, for commission of alleged offences under Sections 364/376-A/376-AB/302 of IPC read with Section 6 of POCSO Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Adhoc Addl. District & Sessions Judge (FTSC) Keonjhar by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed. 4.

Learned counsel for the Petitioner submits that there are no materials on record to connect the present petitioner with the alleged crime and the only basis is his confession during the police custody, which is ex-facie not admissible.

5.

Learned counsel for the State with his usual fairness does not refute the same.

6.

Taking into account the submission of the learned counsel for the petitioner and the Public Prosecutor, this Court directs the petitioner to be released on bail on such terms to be foxed by the learned Court in seisin.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi