Sharat @ Sarat Nayak vs State Of Odisha

B.P. Routray, J

Heard Mr. A.K. Sahoo, learned counsel for the Petitioner and Mr. G.N. Rout, learned Addl. Standing Counsel for Opposite Party -

State.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Sharat @ Sarat Nayak in connection with Kishornagar P.S. Case

No.73 of 2020 corresponding to G.R. Case No.302 of 2020 pending in the court of learned Additional Sessions Judge, Athamalik for alleged

commission of offence under Sections 302/201/34 of the Indian penal Code.

It is submitted that the Petitioner is inside custody since 18th May, 2020. Though investigation has been completed, no direct material could be brought

out against the Petitioner to implicate him in the alleged offence. There is no eye witness nor any circumstances appearing against the Petitioner.

After hearing learned State counsel and considering the statements of the witnesses and the materials brought in course of investigation, it is directed

to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including

the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts

of the case from disclosing such facts before the Court or tamper with the evidence.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No. 4798, dated 15th April, 2021.

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