Orissa High Court
BLAPL/11130/2019 on 27 February, 2020
Author: D. Dash
Bench: D. Dash
BLAPL No.11130 of 2019
04. 27.02.2020: This is the second journey of the petitioner, who is in
custody in connection with Aska P.S. Case No.125 of 2019
corresponding to G.R. Case No.250 of 2019 on the file of learned
J.M.F.C., Aska running for alleged commission of offence under
section 302/464/471/201/182/506 of the IPC, in filing this
application under section 439 of the Cr.P.C., has prayed for his
release on bail.
Learned counsel for the petitioner submits that the case
against the petitioner is not based on direct evidence and the
circumstances against the petitioner, as projected by the
prosecution, are (a) enmity; and (b) the deceased was last seen in
the company of the petitioner. He further submits that no such other
material has been collected in course of investigation, which by now
is complete to provide support to the case of the prosecution that
this petitioner had any hand in causing the death of the deceased.
With all the above materials on record, the petitioner having
remained in custody since 16.07.2019 when the investigation is
complete and there remains no scope no scope on the part of the
petitioner to flee from justice and tamper the evidence, he urges for
grant of bail to the petitioner.
Learned counsel for the State opposes the move.
According to him, those two circumstances are quite clinching and,
therefore, this is not the stage to take a view over the acceptability
of those two circumstances as emanate from the materials on
record.
Considering the submissions made and on going through the
materials available on record further keeping in view the
surrounding circumstances including the period of detention of the
petitioner in custody, while being inclined to re-consider the prayer
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for grant of bail to the petitioner, it is directed that the petitioner be
released on bail in the aforesaid case with such terms and
conditions as deemed just and proper by the court in seisin of the
case with further conditions that he will report before the IIC, Aska
P.S. on every Sunday in between 10.00 am to 2.00 pm till
conclusion of the trial; and will appear in person on each date of
posting of the case before the court in seisin of the case till
conclusion of the trial. Violation of any of the condition(s) shall entail
cancellation of bail.
The BLAPL is accordingly disposed.
Issue urgent certified copy as per rules.
..
D. Dash, J.
Basu