Orissa High Court
Priya Kishore Jena vs State Of Odisha on 25 November, 2020
Author: S.K. Sahoo
Bench: S.K. Sahoo
BLAPL No. 4656 of 2020
Priya Kishore Jena
@ Papu ....... Petitioner
-Vrs.-
State of Odisha ....... Opp. Party
04. 25.11.2020 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 Simulia P.S. Case No.170 of 2019
corresponding to C.T. Case No.568 of 2019 pending in the
file of learned J.M.F.C., Soro for alleged commission of
offence under section 302 of the Indian Penal Code.
The prayer for bail of the petitioner has been rejected
by the learned 3rd Addl. Sessions Judge, Balasore vide order
dated 19.06.2020.
Learned counsel for the petitioner submitted that the
petitioner is in judicial custody since 11.08.2019 and he has
been charge sheeted for commission of the offence under
section 302 of the Indian Penal Code. He further submitted
that the occurrence in question took place on 21.06.2019
and the deceased Sarat Nayak died on 25.06.2019 and as
per the eye witness account of Kalandi Nayak, the main
allegation of assault is against co-accused Srikanta Nayak
who stated to have assaulted on the head of the deceased
by means of lathi which resulted in his death and similarly
situated co-accused namely Rajendra Nayak has been
released on bail in BLAPL No.244 of 2020 and therefore, the
bail application of the petitioner may be favourably
considered.
Learned counsel for the State has produced the case
diary and after verifying the case diary, he fairly submitted
that the petitioner is similarly situated like the co-accused
Rajendra Nayak.
Considering the submissions made by the learned
counsel for the respective parties, the nature of accusation
against the petitioner, since the main allegation of assault
is attributed against co-accused Srikanta Nayak and
similarly situated co-accused has 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 a bail bond of Rs.20,000/-(rupees
twenty thousand) with two solvent sureties each for the like
amount to the satisfaction of the learned Court in seisin
over the matter with further conditions as the learned Court
may deem just and proper.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
p .............................
S.K. Sahoo, J.