Babu Achary @ Linga Vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The petitioner is in custody since 14.10.2021 in connection with Gosaninuagaon P.S. Case No. 138 of 2021, corresponding to S.T. Case No.41 of 2022 pending in the  Court of learned 1st  Addl. District and Sessions Judge,  Berhampur for the alleged commission of offence under  Sections 302/201/34 of IPC.

It is alleged that the petitioner and his friends, one of whom is the deceased were having a party, in which they had consumed alcohol. Suddenly, there was a quarrel among them, in course of which, the petitioner is said to  have pushed the deceased from the roof top causing his  death due to fall. As it appears, the implication of the  petitioner seems to be on the basis of the confessional statement of the co-accused, Shankar Gouda, who incidentally has been released on bail as per order passed by this Court and other co-accused persons have also been released. There are no direct eye-witnesses to the occurrence save and except the confessional statement of the co-accused persons as also his own confession. There are no other materials showing the complicity of the petitioner.

Having regard to the above facts and also the period of detention of the petitioner in custody, I am inclined to take a lenient view. 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 Court in seisin over the matter on each date of posting of the case without seeking representation and in case of even a single default, NBW shall be issued.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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