Orissa High Court
Raghunath Naik vs State Of Odisha .... Opposite Party on 5 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11801 of 2022
Raghunath Naik .... Petitioner
Mr. J.Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
05.04.2023 Order No.
06. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with S.T. Case No.77 of 2022, pending in the Court of the learned Additional Sessions Judge, Aska, arising out of Sheragada P.S. Case No.222 of 2022 for commission of alleged offences under Sections 302/201/34 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, by order dated 20.10.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioner is in custody since 15.07.2022.
5. It is further submitted that during altercation with the deceased, the offence was committed without any premeditation Page 1 of 2 and out of fear, he tried to commit offence under Section 201 of IPC.
6. To fortify his stands, learned counsel for the Petitioner relies on the statement of one Arnapurna Das-CSW.2.
7. Learned counsel for the Petitioner relies on the order dated 27.03.2023 passed by this Court in BLAPL No.11416 of 2022 and seeks release, inter alia, on the ground of parity.
8. Learned counsel for the State opposes the prayer for bail of the Petitioner on the ground that in terms of the statement of the present Petitioner recorded under Section 27 of the Evidence Act, the body of the deceased was found.
9. It is the submission for the learned counsel for the State that the accused persons including the Petitioner tried to mislead the investigation, which prima facie establishes the mens rea.
10. Taking into account the release of the co-accused as noted, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
11. Accordingly, the BLAPL stands disposed of.
12. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge PKS Page 2 of 2