Orissa High Court
Balaji @ Rajendra Mirdha vs State Of Odisha on 13 January, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 5577 of 2020
1. Balaji @ Rajendra Mirdha
2.Sukru Mirdha ....... Petitioners
-Vrs.-
State of Odisha ....... Opp. Party
04. 13.01.2021 This matter is taken up through Video
Conferencing.
Heard learned counsel for the petitioners and
learned counsel for the State.
This is an application under section 439 of
Cr.P.C. in connection with C.T. Case No.41 of 2020
arising out of Attabira P.S. Case No.41 of 2020 pending
in the Court of learned Nayadhikari Gram Nyalaya,
Attabira for offences punishable under sections
302/201/34 of the Indian Penal Code.
The petitioners moved an application for bail
before the Court of learned Sessions Judge, Baragarh
which was rejected on 20.07.2020.
Learned counsel for the petitioners submitted
that the petitioners are in judicial custody since
23.02.2020 and they have been charge sheeted under
sections 302/201/34 of the Indian Penal Code. The dead
body of the deceased Uddhaba Khadia was found floating
on the Bargarh main canal and on 03.02.2020, the uncle
of the deceased namely Sureshsingh Khadia reported at
Attabira police station that the deceased who was his
nephew died on account of drowning and on that basis
Attabira P.S. U.D. Case No.1, dated 03.02.2020 was
registered and during inquiry, the post mortem report
was conducted and the medical officer opined that the
deceased had sustained abrasion over the left side scalp
which is over the left aft of size 6 cm x 4 cm and
contusion over left portion scalp. The cause of death of
the deceased was asphyxia probably due to drowning
and death took place two to four days prior to the post
mortem examination. The learned counsel for the
petitioner contended that there are no eye witnesses to
the occurrence and there is also no clinching
circumstantial evidence appearing on record against the
petitioner and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State on verification of
the case diary fairly submitted that the only material
available on record is the extra judicial confession made
by co-accused Titam Mirdha before witness Ghana Oram.
Considering the submissions made by the
learned counsel for the respective parties, the nature of
accusation against the petitioner, absence of any direct
evidence, the nature of circumstantial evidence
appearing on record and 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.50,000.00
(rupees fifty thousand) with two local solvent sureties
each for the like amount to the satisfaction of the Court
in seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on
proper application.
.............................
S.K. Sahoo, J.
Sisir