Kunar Lakra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9317 of 2021 Kunar Lakra ....

Petitioner Mr. Anirudha Das Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

06.01.2022.

01.

1. This matter is taken up through hybrid mode. Order No.

2. Heard Mr. Anirudha Das, learned counsel for the Petitioner and Mr. P. Tripathy, learned Addl. Standing Counsel for the State.

3. The Petitioner is in custody since 11th March, 2020 in connection with Udistnagar P.S.

Case No.68/2020 corresponding to S.T. Case No.58/94 of 2020 pending in the court of learned 2nd Addl. Sessions Judge, Rourkela for the alleged commission of the offence under Sections 341/323/324/302 of I.P.C.

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4. As it appears from the allegations made in the F.I.R. that there was a sudden quarrel between the Petitioner and the husband of the deceased, in course of which he assaulted the deceased by means of a sharp cutting weapon causing serious injuries which ultimately caused his death. It is submitted that there was no premeditation or any intention on the part of the Petitioner to cause the death of the deceased, but he gave a blow at the spur of the moment in anger.

5. Learned Addl. Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that considering the gravity of the offence, no leniency should be shown to the Petitioner.

6. Considering the submissions as above, the materials on record and the period of detention already undergone, I am inclined to allow the prayer for bail.

7. Let the Petitioner- Kunar Lakra 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.

8. The BLAPL is disposed of.

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

(Sashikanta Mishra) AKB Judge

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