High CourtsSingle Bench

Bijendra Kumar Kukhi vs State Of Odisha

Orissa High Court · Decided on 28 October 2022 · Citation: (2022) 10 OHC CK 0150

HON’BLE JUDGES
Dr. S.K. Panigrahi, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 6932 Of 2022
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Judgment

11 paragraphs · 250 words

Dr. S.K. Panigrahi, J

I.A. No. 1907 of 2022

1.

1.This matter is taken up through hybrid mode.

2.

Heard.

3.

The petitioner being in custody in connection with C.T. Case No.1884 of 2021 arising out of Baripada Town P.S. Case No. 736 of 2021 on the file of learned Sessions Judge, Mayurbhanj, Baripada for commission of offence under Section 302/34 of the IPC has filed this application under Section 439 of the Cr.P.C. for his release on bail.

4.

Learned counsel for the petitioner submits that the brother of the petitioner died in an accident on 20.10.2022. Hence, the presence of the petitioner is required for conducting the obseques ceremony of his brother, as he is the only male member after the death of his brother.

5.

Considering the submissions made and the facts and circumstances, it is directed that the petitioner be released on interim bail for a period of four weeks from the date of his release on some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter and shall surrender before the said court on completion of four weeks with further condition that the petitioner shall not misutilize his liberty in any manner whatsoever.

6.

Violation of any of the conditions shall entail cancellation of the interim bail granted to the petitioner.

7.

Accordingly, the I.A. is disposed of.

8.

Urgent certified copy of this order be granted on proper application in course of the day.

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