Kona@ Kuanr@ Karuna Hansda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9502 of 2021 Kona@ Kuanr@ Karuna Hansda ....

Petitioner Mr. Prasanta Kumar Nanda, Advocate -Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 03.08.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

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

3.

The petitioner is in custody since 25.01.2021 in connection with Khunta P.S. Case No. 26 of 2021 corresponding to S.T. Case No. 132 of 2021 pending in the Court of learned Sessions Judge, Mayurbhanj at Baripada for the alleged commission of offence under Section 302 of IPC.

4.

It is alleged that the petitioner assaulted the deceased by means of a bamboo stick due to which she sustained injuries and subsequently died. It is stated that the occurrence took place without any reason. From the nature of accusations, prima facie a case under Section 302 is difficult to be made out inasmuch as there is absence of evidence of premeditation.

5.

Considering the above fact and taking into account the period

of detention in custody, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail.

6.

The BLAPL is accordingly disposed of.

7.

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

(Sashikanta Mishra) Judge B.C.Tudu