Ajay Kumar Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9498 of 2021 Ajay Kumar Samal ....

Petitioner Mr. M.K. Pati, Advocate -Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 12.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

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

3.

The petitioner is in custody since 30.08.2021 in connection with Mangalpur P.S. Case No. 365 of 2021 corresponding to C.T. Case NO. 1471 of 2021 pending in the court of learned S.D.J.M., Jajpur for the alleged commission of offence under Section 302 of IPC.

4.

It is alleged that the petitioner and the wife of the deceased strangulated him with the assistance of another accused person. There are materials to show that the petitioner had an illicit relationship with the wife of the deceased, which was the reason to kill him. There are materials on record to show prima facie his complicity in the alleged occurrence.

5.

Considering the nature of accusations and the availability of materials prima facie in support thereof, I am not inclined to allow

the prayer for bail, which is therefore rejected. However, it is open to the petitioner to renew his prayer after examination of some material witnesses in the case.

6.

The BLAPL is accordingly rejected.

(Sashikanta Mishra) Judge B.C. Tudu