Santosh Kumar Rout vs State Of Odisha

Sashikanta Mishra

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 26th December, 2021 in connection with S.T. Case No.41/2022(G.R. Case No.2240/2021) corresponding to Keonjhar Sadar P.S. Case No.563/2021 pending in the Court of learned Sessions Judge, Keonjhar for the alleged commission of the offence under Sections 302/120-B/201/34 of I.P.C.

It is submitted that there is no direct evidence to show the complicity of the Petitioner in the alleged occurrence and he has been implicated entirely on the basis of the statement of the co-accused as also on the basis of the so-called CCTV footage of the occurrence. It is further submitted that despite being in custody for nearly two years, trial has not commenced as yet.

Learned State counsel has opposed the prayer for bail by submitting that the Petitioner and the co-accused persons were correctly identified during the T.I. parade.

Considering the submission as above and the materials on record while not being inclined to grant regular bail to the Petitioner, this Court taking note of the fact that the trial has not commenced even two years after the arrest of the Petitioner directs the Court below to release the Petitioner on interim bail for a period of one month from the date of his actual release on such terms and conditions as may be fixed by the Court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

After expiry of the aforesaid period of one month, the Petitioner shall surrender before the Court in seisin over the matter, failing which appropriate warrant may be issued for his production.

The BLAPL is disposed of.

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

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