Rajat Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9993 of 2021 Rajat Kumar Behera ....

Petitioner Mr. B. Dalai, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

10.03.2022 1.

This matter is taken up through hybrid mode.

Order No.

3.

2.

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

3.

The petitioner is in custody since 19.10.2021 in connection with Saheed Nagar P.S. Case No.06 of 2015 corresponding to C.T. Case No.66(A) of 2015 pending in the Court of learned S.D.J.M., Bhubaneswar for the alleged commission of offence under Sections 302 of IPC.

4.

It appears that trial having commenced, 17 witnesses have been examined so far including the informant and another son of the deceased as P.Ws 1 and 14 respectively. Both of them have admitted their ignorance as regards the perpetrators of the alleged crime. That apart, most of the other witnesses have turned hostile. This Court has also granted bail to similarly situated co-accused persons as per order passed in BLAPL Nos. 1903 of 2017, 4913 of 2015, 6635 of 2016, 1307 of 2016 and 1926 of 2016. 5.

Considering the above facts, 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, failing which NBW shall be issued to take him to custody again by the Court below.

6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana