Buti Dharua@ Kumarsai Dharua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10694 of 2021 Buti Dharua @ Kumarsai Dharua ....

Petitioner Mr. A.K. Sahoo, Advocate - Versus - State of Odisha ....

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

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

12.05.2022 1.

This matter is taken up through hybrid mode.

Order No.

02.

2.

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

3.

The petitioner is in custody in connection with Komna P.S. Case No.49 of 2012 corresponding to G.R. Case No.164 of 2019 pending in the Court of learned Sessions Judge, Nuapada for the alleged commission of offence under Sections 302/201/34 of I.P.C. 4.

It is alleged that the petitioner and six others called the petitioner from his house and committed his murder by assaulting him with knife and stone and thereafter they burnt his body inside the jungle. From the materials on record, it is revealed that except for the so called extra judicial confession of accused Sitaram Bhunjia there is no other evidence or material to show the complicity of the petitioner in the alleged occurrence. 5.

Considering the above facts and 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.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana