Orissa High Court
BLAPL/3504/2019 on 16 July, 2019
Author: S. K. Sahoo
Bench: S. K. Sahoo
BLAPL No. 3504 of 2019
03. 16.07.2019 Heard learned counsel for the petitioner and the
learned counsel for the State.
This is an application under Section 439 Cr.P.C. in
connection with S.T. Case No.23 of 2019 arising out of Aska
P.S. Case No.24 of 2018 pending in the Court of learned
Addl. Sessions Judge, Aska for alleged commission of
offence punishable under sections 302/120-B/34 of the
Indian Penal Code.
The petitioner moved an application for bail before
the Court of Addl. Sessions Judge, Aska which was rejected
on 15.03.2019.
Learned counsel for the petitioner submitted that the
petitioner is in judicial custody since 15.08.2018. She
further submitted that the occurrence in question took
place on 17.01.2018 and as per the eye witness account of
one Badal Gouda, it is the co-accused Kalia Okil @ Ajit
Kumar Nayak who assaulted the deceased Mitu Das by
means of a 'Kati' while another co-accused Ashis Nahak
was catching hold of the deceased. She further submitted
that there is no clinching material against the petitioner
relating to his participation in the assault of the deceased
and therefore, the bail application may be favourably
considered. She further submits that one of the co-accused
namely Saroj Kumar Nayak @ Muna has been released on
bail by this Court in BLAPL No.1571 of 2019 vide order
dated 20.03.2019 and another co-accused namely Ashis
Nahak @ Asish has been released on bail by this Court in
BLAPL No.1764 of 2019 vide order dated 17.05.2019,
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copies of which are filed and taken on record.
Learned counsel for the State on the other hand while
disputing the statement of eye witness Badal Gouda not
implicating the petitioner in the assault of the deceased,
submitted that in the oral dying declaration, the deceased
has implicated not only the co-accused Kalia Okil @ Ajit
Kumar Nayak and Ashis Nahak @ Asish but also the
petitioner.
Considering the submissions made by the learned
counsel for the respective parties, the nature of accusation
against the petitioner and the statement of the eye witness
Badal Gouda and since the similarly situated co-accused
persons have already been released on bail, 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.20,000.00 (rupees
twenty thousand) with two 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.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on
p
proper application.
.......................
S. K. Sahoo, J.
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