Babaji Jena vs State Of Orissa

Sashikanta Mishr, J

This matter is taken up through virtual mode.

Heard Mr. B.K.Das, learned counsel for the Petitioner and P.K.Maharaj, learned Addl. Standing Counsel for the State.

The Petitioner is in custody since 7th November, 2021 in connection with Sheragada P.S. Case No.32/2018 corresponding to G.R. Case No.57(b)/2018 pending in the court of learned J.M.F.C., Sheragada for the alleged commission of the offence under Section 302/120-B/3434 of I.P.C. , Section 25(1-A) (b) and Section 27 of the Arms Act.

Considering the submissions made, the materials on record, the period of detention already undergone and the fact that the co-accused persons have already been released on bail as per orders  passed  by  this  Court  in BLAPL  Nos.2599/2021, 2633,6431,2884,2646 of 2020, 5789/2018,1164/2019, 4819/2018,1214/2019, 1170/2019, 4207/2018, 7591/2018, 1212/2019,2820/2020, 7637/2018 and 2426/2020 as also the fact that in the ongoing trial none of the witnesses so far have supported the case of the prosecution, I am inclined to allow the prayer for bail.

Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that he shall appear before the court below on each date of posting of the case without fail.

The BLAPL is disposed of.

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

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