Mamuli Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10058 of 2021 Mamuli Behera ....

Petitioner Mr. B. R. Tripathy, -Versus - State of Odisha ....

Opposite Party Ms. S. Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.01.2022 1.

This matter is taken up through virtual mode. Order No.

01.

2.

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

3.

The petitioner is in custody since 10.08.2021 in connection with NISA P.S. Case No. 163 of 2021 corresponding to C.T. (S) No. 143 of 2021 pending in the court of learned Sessions Judge, Angul for the alleged commission of offence under Sections 341/294/323/325/307 of IPC.

4.

The allegation is that the petitioner assaulted the informant and her husband by means of an iron spanner causing serious bodily injuries only because the petitioner refused to serve him food in his Dhaba.

5.

Considering the submissions made, the materials on record, the period of detention already undergone, the fact that charge sheet has already been submitted in the case, as also the fact that the petitioner is a permanent resident under Sadar

Police Station of Angul, I am inclined to allow the prayer for bail. The bail application is therefore allowed. 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.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January, 2022.

(Sashikanta Mishra) Judge B.C. Tudu