Orissa High Court
BLAPL/1872/2018 on 8 May, 2018
Author: S. K. Sahoo
Bench: S. K. Sahoo
BLAPL No.1872 of 2018
02. 08.05.2018 Heard the learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 Cr.P.C.
in connection with S.T. Case No.60 of 2017 arising out of
Khariar P.S. Case No.104 of 2017 pending in the Court of
learned Sessions Judge, Nuapada for offences punishable
under sections 302/404 of the Indian Penal Code.
The petitioner moved an application for bail
before the learned Sessions Judge, Nuapada which was
rejected on 15.02.2018.
Learned counsel for the petitioner submits that
the petitioner is in custody since 05.06.2017 and he has
been charge sheeted under sections 302/404 of the Indian
Penal Code. It is contended by the learned counsel for the
petitioner that the occurrence in question stated to have
taken place on 28.05.2017 and the FIR was lodged on
29.05.2017 against unknown persons. He further submits
that there are no eye witnesses to the occurrence and it is
the prosecution case that the petitioner had illicit
relationship with the deceased who is a married lady and
the petitioner also a married person and it is further
prosecution case that some ornaments of the deceased
were recovered at the instance of the petitioner. He further
submits that no test identification parade has been
conducted relating to such ornaments and at a belated
p stage everything has been staged managed to falsely
entangle the petitioner in the alleged crime and therefore,
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the bail application of the petitioner may be favourably
considered.
Learned counsel for the State has produced the case
diary and opposed the prayer for bail and placed the
seizure list which shows recovery of gold ornaments.
Considering the submissions made by the learned
counsels for the respective parties, the nature of accusation
against the petitioner, absence of any direct evidence,
nature of circumstantial evidence available on record and
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
proper application.
.......................
S. K. Sahoo, J.
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