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Orissa High Court

Santosh Kumar Mohanty vs State Of Odisha .... Opposite Party on 30 September, 2021

Author: D.Dash

Bench: D.Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                           BLAPL NO.2869 OF 2020

            Santosh Kumar Mohanty                  ....           Petitioner
                                           Mr. Jyotirmaya Sahoo, Advocate

                                        -versus-
            State of Odisha                       ....      Opposite Party
                                              Miss Samapika Mishra, ASC

                      CORAM:
                      MR. JUSTICE D.DASH
                                        ORDER

30.09.2021 Order No.

03. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This is the second journey of the Petitioner who is in custody in connection with Aska P.S. Case No.294 of 2018 corresponding to G.R. Case No. 559 of 2018 on the file of learned Addl. Sessions Judge, Aska running for alleged commission of offence under Section 498-A/304-B/302/506/34 of the IPC read with Section-4 of the D.P. Act, in filing this application under Section-439 of the Cr.P.C. for his release on bail.

3. Heard learned counsel for the Petitioner and learned counsel for the State.

4. Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the depositions of witnesses so far examined in the trial with other surrounding circumstances Page 1 of 2 // 2 // including the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge; while be inclined to reconsider the prayer for grant of bail to this Petitioner; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court is seisin of the case with further conditions that:-

1. he will appear in person before the Court in seisin of the case on each date of posting of the case without fail; and
2. will not threaten or terrorize the prosecution witnesses in any manner.

5. The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

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