Allowed

Abhaya Kumar Mallick v. State of Odisha

Orissa HC25 Jan 2022CRLA/708/2021

Case brief

AI extract

What is this about?

In a bail appeal challenging a bail rejection order, the High Court considered the Appellant's applications alongside available materials. Observing that all other co-accused stood on a similar footing and had already been released on bail, the Court allowed the prayer for bail, releasing the Appellant on terms to be specified.

What did the court decide?

Release of Appellant on bail on such terms and conditions as the trial court may impose.

Abhaya Kumar Mallick Vs State of Odisha — Caste Atrocities | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.708 of 2021

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…. Abhaya Kumar Mallick Appellant

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Mr. Siti Kanta Mishra, Advocate

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-versus-

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…. State of Odisha and another Respondents Mr.S.K.Mishra, Addl. Standing Counsel CORAM: JUSTICE SASHIKANTA MISHRA ORDER 25.01.2022. 1. This matter is taken up through virtual mode. 2. The Appellant’s application for bail being rejected by the court below, he has approached this Court in the present appeal. Notice of the appeal has already been served upon the informant as informed by the learned State counsel. However, there is no appearance from his side. As such the matter is taken up for hearing on the basis of the materials available on record.

Order No.

Page 1 of 3

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Heard Mr. Siti Kanta Mishra, learned counsel for the Appellant and Mr. S.K.Mishra, learned Addl. Standing Counsel for Respondent No.1.

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The Appellant is in custody since 24^th November, 2021 in connection with Kuakhia P.S. Case No.46/2021 corresponding to C.T. Spl. No.18/2021 pending in the court of learned District and Sessions Judge-cum-Special Judge, Jajpur for the alleged commission of the offence under Sections 147/148/341/ 323 /324/307/294/506/379/149 of I.P.C. and Section 3 (1) (r )/3(2)(va) of the S.C. and S.T.(PA) Act.

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Having regard to the submissions made, the materials on record and the fact that all other co-accused persons, who stand on the similar footing, have already been released on bail by this Court vide order dated 10^th November, 2021 passed in CRLA No.429/2021 and also by the order passed by court below, I am inclined to allow the prayer for bail.

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Let the Appellant- Abhaya Kumar Mallick be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter including the condition that he shall appear before the court below on each date of posting of the case without fail.

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The CRLA is disposed of.

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Page 2 of 3

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// 3 //

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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 25^th March, 2020, modified by Notice No.4798, dated 15^th April, 2021 and Court’s Office Order circulated vide Memo Nos.514 and 515 dated 7^th January, 2022.

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(Sashikanta Mishra)
AKB Judge

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Page 3 of 3

Abhaya Kumar Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Abhaya Kumar Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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