Orissa High Court
Bibek Sindiria vs State Of Odisha .... Opposite Party on 9 August, 2024
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6301 of 2024
Bibek Sindiria ... Petitioner
Represented by
Mr. D.P.Mishra, Advocate
-Versus -
State Of Odisha .... Opposite Party
Represented by
Additional Standing
Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
09.08.2024 Order No.
02.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned Additional Standing counsel for the State.
3. The petitioner is in custody since 26.04.2023 in connection with Jharsuguda Sadar P.S. Case No. 121 of 2023 corresponding to C.T. (Sessions) Case No. 102 of 2023 pending in the Court of the learned Additional Sessions Judge, Jharsuguda for the alleged commission of offence under Sections 302/120-B/34 of IPC.
4. It is alleged that the petitioner had planned to kill the deceased with whom he has a previous dispute. On the date of occurrence, while the deceased was returning to his house, after attending the birthday celebration of his friend from a different village along wit some friends, the accused persons restrained them on the way and assaulted them by means of deadly Page 1 of 2 weapons causing fatal injuries on the deceased. No one has been named in the FIR. In course of investigation, basing on inputs receipt from different sources, the petitioner was taken to custody. However, this Court finds, from the materials available in the case dairy that no one has stated about he presence of the petitioner, save and except two of the accused persons which they disclosed in their Section 27 statement. As such, there is no admissible evidence to show the involvement of the petitioner in the alleged occurrence.
5. Taking into consideration the above facts as also the period of detention in custody, I am inclined to allow the prayer for bail.
6. 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.
7. The BLAPL is accordingly disposed of.
8. Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) Judge Deepak Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 12-Aug-2024 13:39:58 Page 2 of 2