Single judge allowed bail to petitioners in a murder case pending at Kamakhyanagar. Ruling emphasized absence of direct evidence and doubts regarding circumstantial case, despite stained history.
Release of petitioners on bail upon furnishing a bond of Rs. 20,000 each with two local sureties for like amount.
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BLAPL No.2471 of 2019
This is an application under section 439 Cr.P.C. in connection with C.T. (Ss) Case No.30 of 2018 arising out of Kamakhyanagar P.S. Case No.102 of 2017 pending in the Court of learned Addl. Sessions Judge, Kamakhyanagar for alleged commission of offences punishable under sections 302/394/397/120-B/114 of the Indian Penal Code.
The petitioners moved an application for bail before the Court of learned Addl. Sessions Judge, Kamakhyanagar which was rejected on 19.02.2019.
Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 01.12.2017 and they have been charge sheeted under sections 302/394/397/ 120-B/114 of the Indian Penal Code and in the meantime, charge has already been framed. It is further submitted that there are no eye witnesses to the occurrence and the occurrence in question took place on 05.06.2017 night and as per the statement of one Priyabrata Nayak, the deceased Deepak Biswal and one Dutia Sahoo came to a Dhaba and took liquor and thereafter three persons came in a Bolero Vehicle and they also took liquor in that Dhaba and then the deceased Deepak Biswal as well as Dutia Sahoo left the Dhaba by walking holding the motor cycle and subsequently on hearing cry, when the Dhaba owner as well as the Priyabrata Nayak went to the spot, they saw the deceased was lying dead. Learned counsel further submitted that
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initially the case was registered under sections 279 and 304-A of the Indian Penal Code against unknown persons on the report of Narottam Biswal who is the father of the deceased Deepak Biswal and then the case developed to the extent that the deceased had taken photographs of petitioner no.1 with a girl in his mobile phone relating to their illicit relationship for which petitioner no.1 made criminal conspiracy with other co-accused persons to kill the deceased. Learned counsel for the petitioners further submitted that even during course of investigation, when the mobile phone of the deceased was seized, nothing was found relating to any photograph of the petitioner no.1 taken with any girl and therefore, the motive behind the commission of crime is also doubtful. He further submits that there is no direct evidence and circumstantial evidence is not clinching and there is no material on record that the petitioners followed the deceased and Dutia Sahoo after they left Dhaba on the date of occurrence and therefore, the bail application of the petitioners may be favourably considered.
Learned counsel for the State has produced the case diary and placed the statement of Priyabrata Nayak, the betel shop owner as well as Dhaba owner and he also placed the post mortem report.
Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioners, absence of any direct evidence, the nature of
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circumstantial evidence appearing on record against the petitioners and the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.
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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) each with two local 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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3 issues framed by the court
Whether bail should be granted to petitioners charged under Sections 302/394/397/120-B/114 IPC pending trial.
Whether the absence of direct evidence warrants release on bail.
Whether the nature of circumstantial evidence justifies revision of bail order.
2 provisions across 2 enactments
Petitioners
State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
