Babaji Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10448 of 2021 Babaji Das ....

Petitioner Mr. J.K. Khuntia, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

08.04.2022 1.

This matter is taken up through hybrid mode.

Order No.

5.

2.

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

3.

The petitioner is in custody since 07.10.2021 in connection with Basta P.S. Case No.155 of 2020 corresponding to C.T. Case No.753 of 2020 pending in the Court of learned J.M.F.C., Basta for the alleged commission of offence under Sections 302/201/34 of IPC.

4.

As it appears there is no direct or indirect evidence to link the petitioner with the alleged occurrence. He appears to have been entangled only on suspicion. It further appears that because of purported love relationship between the petitioner's daughter and the deceased, it was suspected that he may have had a hand in killing him.

5.

Having regard to the fact that there are no acceptable materials to show the complicity of the petitioner in the alleged occurrence and taking into consideration the period of detention in custody as also the fact that charge sheet has already been submitted, 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.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana