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BHAGABAN DALBEHERA – Appellant
Versus
STATE OF ORISSA – Respondent


BLAPL No.7856 of 2016

09. 31.07.2017 Heard learned counsel for the petitioner, learned counsel for the Stat

e and learned counsel for the informant.

The petitioner is facing trial as an accused in S.T. Case No.1

51/220 of 2016 on the file of learned Sessions Judge, Nayagarh for the offences punishable und

er Sections 302/120-B/34, I.P.C. It is alleged that due

to some political rivalry the present petitioner along with others chased the victim while he

was returning on the road and assaulted him by means of different weapons of offence causing

his death and one of the co-accused also plucked out one eye of the victim by means of a knife

.

It is submitted by learned counsel for the petitioner that one

co-accused Basanta Sitha has been granted with bail by this Court and the present petitioner

stands on similar footing. It is seen from the said order that on certain wrong submissions li

ke the petitioners name did not find place in the F.I.R. and he was not named by the co-accuse

d persons, which are not fake, the bail was granted. Hence, it cannot be taken a

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