Orissa High Court
Rajesh Kumar Singh @ vs State Of Odisha ... Opp. Party on 1 December, 2020
BLAPL No. 2468 of 2020
Rajesh Kumar Singh @ ... Petitioner
Rajesh Kumar
-Versus-
State of Odisha ... Opp. party
04. 01.12.2020 The matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of Cr.P.C.
for grant of bail to the petitioner in connection with
Baragarh P.S. Case No.274 of 2019 corresponding to
C.T. Case No.91 of 2019 pending in the Court of learned
Sessions Judge, Bargarh for alleged commission of
offences under sections 302, 397 and 212 of the Indian
Penal Code and sections 25/27 of the Arms Act.
The petitioner moved an application for bail before
the Court of Sessions Judge, Bargarh, which was rejected
on 04.03.02020.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 29.06.2019 and
he has been charge sheeted under sections 302, 397 and
212 of the Indian Penal Code and sections 25/27 of the
Arms Act. It is further submitted that even though the
F.I.R. was lodged against unknown persons, but after the
arrest of the petitioner, no attempt has been made by
the prosecution to conduct test identification parade and
nothing was seized from the possession of the petitioner.
He further submitted that except the so-called
confessional statement of the petitioner and the
confessional statement of the co-accused before the
police recorded under section 27 of the Evidence Act,
there is no clinching material against him and therefore,
the petitioner's bail application may be favourably
considered.
Learned counsel for the State while not disputing
that the material available against the petitioner is his
own confessional statement as well as the confessional
statement of the co-accused before the police, submitted
that the petitioner is a man from Bihar and once he is
released on bail, it would be difficult to ensure his
attendance at the time of trial. He further submitted that
the case diary does not reveal any criminal antecedent
against the petitioner.
Considering the submissions of the learned counsel
for the respective parties, nature of accusation against
the petitioner, absence of test identification parade or
recovery of any property from the possession of the
petitioner and taking into account the period of detention
of the petitioner in judicial custody, I am inclined to
release the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.50,000/-
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the learned
Court in seisin over the matter with further conditions as
the learned Court may deem just and proper with further
conditions that the petitioner shall appear before the
learned trial Court on each date when the case would be
posted for trial.
Violation of any of the conditions would entail
cancellation of bail.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules
.............................
PKSahoo S.K. Sahoo, J.