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Judgment
11 paragraphs · 284 wordsSashikanta 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 11th October, 2021 having been remanded in connection with Kendrapara Town P.S. Case No.51/2010 corresponding to S.T. Case No.26/2022 pending in the Court of learned Sessions Judge, Kendrapara for the alleged commission of the offence under Section 302/120-B/201 of I.P.C.
The Petitioner’s earlier application for bail was rejected by this Court as per order dated 9th September, 2022 passed in BLAPL No.236/2022 granting him liberty to renew his prayer after examination of Ranjan Kumar Pradhan during trial.
In the meantime, Ranjan Kumar Pradhan has been examined as P.W.4. Copy of his deposition is enclosed to the bail application, which reveals that he has resiled from his earlier statement and turned hostile.
Learned State counsel fairly submits that there is no other evidence showing the complicity of the Petitioner in the alleged occurrence.
Considering the above facts as also the period of detention of the Petitioner in custody, 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 personally appear before the trial court on each date of posting of the case, failing which it shall be open to the said court to pass necessary orders to take him to custody again by issuing N.B.W.
The BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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