High CourtsSingle Bench(2023) 06 OHC CK 0028

Mahavir Jal vs State Of Odisha

Orissa High Court · Decided on 8 June 2023

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 5952 Of 2023

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Judgment

8 paragraphs · 234 words

Sashikanta Mishra

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.

3.

The petitioner is in custody since 14.04.2023 in connection with Ainthapali P.S. Case No.181 of 2023 corresponding to G. R. Case No.886 of 2023 pending in the Court of learned S.D.J.M., Sambalpur, for the alleged commission of offence under Section 436 of the I.P.C. turned to 436/153-A/295-A, 34 of IPC.

4.

It is alleged that petitioner set fire to the shop of informant causing it to be completely razed. The FIR was lodged against unknown persons. The petitioner appears to have been implicated on the basis of his own confession. There is no other independent material against him.

5.

Taking into consideration the above facts, the materials on record and the period of detention in custody, I am inclined to allow the prayer for bail. 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 the Court in seisin over the matter on each date of posting of the case personally and in case of even a single default necessary order shall be passed by the Court below to take him to custody again.

6.

BLAPL is accordingly disposed of.

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