Kumar Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11522 of 2022 Kumar Parida and others ....

Petitioners Mr. B. Nayak, Advocate -Versus - State of Odisha ....

Opposite Party Mr. R. Tripathy, Additional Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 19.12.2022 1.

This matter is taken up through hybrid mode.

Order No.

1.

2.

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

3.

The petitioners are in custody since 30.09.2022 in connection with Aul P.S. Case No. 381 of 2022 corresponding to G.R. Case No. 695 of 2022 pending in the Court of learned J.M.F.C., Aul for the alleged commission of offence under Sections 147/148/307/325/294/149 of IPC.

4.

It is submitted that the incident in question arose out of a group clash in which members of both sides sustained injuries. In any case, the injuries sustained by the informant and other are simple in nature. There are documents to show that the petitioner no.1 was also injured in the alleged occurrence. From the materials on record, it appears that the incident arose out of a sudden quarrel without any premeditation or definite intention on the part of the

petitioners to do away with the life of the informant and his friends. 5.

Having regard to the above facts as also the period of detention in custody, I am inclined to allow the prayer for bail. 6.

Let the petitioners 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 they shall personally appear before the trial court on each date of posting of the case without fail.

7.

The BLAPL is accordingly disposed of.

8.

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

(Sashikanta Mishra) Judge B.C. Tudu