Hrushikesh Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11237 of 2021 Hrushikesh Behera ....

Petitioner Mr. D.P. Dhal, Senior Advocate -Versus - State of Odisha ....

Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 10.02.2022 1.

This matter is taken up through hybrid mode.

Order No.

2.

2.

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

3.

The petitioner is in custody since 15.06.2021 in connection with Padampur P.S. Case No. 226 of 2020 corresponding to C.T. Case No. 49 of 2021 pending in the court of learned Additional Sessions Judge, Padmapur for the alleged commission of offence under Sections 147/148/307/302/323/325/326/149 of the IPC. 4.

The allegation is that he along with some other persons formed an unlawful assembly and brutally assaulted the deceased by means of axe and other weapons.

5.

It is submitted by Mr. Dhal, learned Senior Counsel for the petitioner that the allegations are entirely false as the petitioner is an old man aged about 76 years. It further submitted that even otherwise no specific overt act has been attributed to him and

further, one of the co-accused persons, namely, Prafulla Behera, who is alleged to have assaulted the deceased has already been granted bail by this Court in BLAPL No. 9187 of 2020. 6.

Learned Additional Standing Counsel for the State, on the other hand, has opposed the prayer for bail by submitting that as the petitioner was part of the unlawful assembly he becomes equally liable for the offence.

7.

Considering the submissions, the period of detention already undergone and the fact that the co-accused has already been released on bail, 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. 8.

The BLAPL is accordingly disposed of.

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

(Sashikanta Mishra) Judge B.C. Tudu