Orissa High Court
Rajendra Nayak vs State Of Odisha ... Opp. Party on 4 September, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 244 of 2020
Rajendra Nayak ... Petitioner
-Versus-
State of Odisha ... Opp. party
05. 04.09.2020 This 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. in connection with C.T. Case No.568 of 2019
arising out of Simulia P.S. Case No.170 of 2019 pending
in the Court of learned J.M.F.C., Soro for offence
punishable under sections 302/34 of the Indian Penal
Code.
The petitioner moved an application for bail
before the Court of learned 3rd Addl. Sessions Judge,
Balasore which was rejected on 06.01.2020.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 11.08.2019 and
in the meantime after completion of investigation, charge
sheet has been submitted under sections 302/34 of the
Indian Penal Code. He further submitted that the first
information report has been lodged by an eye witness
and as per the eye witness account, the main assault has
been attributed against the co-accused Srikanta Nayak
who stated to have assaulted the deceased by a lathi on
his head, which according to the post mortem report, is
the cause of death. He further submitted that the
allegation as against other accused persons including the
petitioner are omnibus in nature and apart from the head
injury, the other injuries as noticed in the post mortem
report are not fatal in nature. He further submitted that
in view of the materials available on record, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State placed the first
information report as well as the post mortem report
which also indicate that the cause of death was on
account of head injury. He further submitted that the
occurrence in question took place on 21.06.2019 and the
deceased was shifted to S.C.B. Medical College and
Hospital, Cuttack and during the course of treatment, he
died on 25.06.2019.
Considering the submissions made by the
learned counsel for the respective parties, the nature of
accusation against the petitioner, since the main role has
been attributed against the co-accused Srikanta Nayak,
after going through the post mortem report and further
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.50,000.00
(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.
RKM