Allowed

Budhia Behera v. State of Orissa

Orissa HC19 Jul 2018BLAPL/1968/2018

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the petitioner charged with murder under IPC Sections 302/201/34 sought release after being in custody since December 2017. The State opposed citing eyewitness evidence and medico-legal reports indicating homicidal death. The Court ordered bail due to the petitioner's extended detention period.

What did the court decide?

Petitioner granted release on bail in Tangi P.S. Case No.356 of 2017 with such terms and conditions as deemed just.

Budhia Behera Vs State of Orissa — Murder and Culpable Homicide | Orissa HC (2018)

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BLAPL No.1968 of 2018

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19.07.2018

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The petitioner being in custody in Tangi P.S. Case No.356 of 2017 corresponding to G.R. Case No.455 of 2017 pending in the court of the learned N.G.N.-cum-J.M.F.C., Tangi running for the alleged commission of offence under sections 302/201/34, I.P.C. has filed this application under section 439, Cr.P.C. for his release on bail.

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Learned counsel for the petitioner submits that this petitioner is in custody since 11.12.2017 and charge-sheet has already been in the case for alleged commission of offence under section 302/201/120-B/34, I.P.C. It is further submitted that the prosecution in the case relies upon the statement of two witnesses who have stated that in the evening prior to recovery of dead body to have seen this petitioner with others were assaulting the deceased. He further submits that coaccused Kalia Behera similarly situated with the petitioner has already been released on bail by order of this Court in BLAPL No.818 of 2018. It is his submission that there is no scope on the part of the petitioner to flee from justice or influence the prosecution witness. He, therefore, urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move in view of the statement of the eye witnesses as also the report of the Doctor that it is a case of homicidal death when the material on record reveals that this petitioner and others had attempted to give it a different colour of accidental drowning.

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Considering the submissions made and on going through the materials available on record; keeping in view the nature of accusation against the petitioner and the character of the evidence as well as the surrounding circumstances including

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the period of detention of the petitioner in custody and in the absence of any such impediment; 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.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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D. Dash,J.

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Budhia Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

Budhia Behera v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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