Bichhanda Modi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9823 of 2022 Bichhanda Modi ....

Petitioner Mr. P.K. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

26.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioner is an accused in S.T Case No.59/58 of 2022 pending in the file of learned Addl. Sessions Judge, Keonjhar, arising out of Harichandanpur P.S Case No.41 of 2022, for commission of the alleged offence under Sections 498-A/302/304B/34 IPC and Section 4 of the D.P Act and is in custody since 25.05.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Keonjhar by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is the uncle-in-law of the deceased who stated to have

committed suicide. He further submits that the co-accused similarly circumstanced has been released on bail by order dated 22.09.2022 in BLAPL No.6064 of 2022.

6.

Taking into account the filing of the charge sheet inter alia under Section 306 IPC and since the Petitioner prima facie similar circumstanced with the co-accused, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

7.

Accordingly, the BLAPL stands disposed of.

8.

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