Application for bail dismissed. The petitioner, accused of murder under IPC 302/34 and Explosive Substance Act, was denied bail due to alleged role as a conspirator in hurling bombs causing death, supported by witness statements.
Application for bail stands dismissed; urgent certified copy of order issued.
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BLAPL NO. 5572 OF 2019
The petitioner being in custody in connection with Gopalpur P.S. Case No.46 of 2019 corresponding to G.R. Case No.627 of 2019 pending in the court of the learned S.D.J.M., Berhampur running for the alleged commission of offence under section 302/34 of the IPC read with section 3 of the Explosive Substance Act, have filed this application under section 439, Cr.P.C. for their release on bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Considering the submissions made and further keeping in view the role said to have been played by the petitioner as conspirator by his participation shortly before the execution of the plan by engaging the co-accused persons in causing the death of Sushant Sahu in hurling bombs at him which derive support from the statements of two witnesses recorded under section 164 of the Cr.P.C.; as also the surrounding circumstances, I am not inclined to admit this petitioner to bail.
Accordingly this BLAPL stands dismissed.
Issue urgent certified copy as per rules.
…………………….. D. Dash, J.
Narayan
1 issue framed by the court
Whether the petitioner deserves bail in a case involving murder and hurling of bombs as a conspirator.
3 provisions across 3 enactments
Gopalpur P.S. Case No.46 of 2019 corresponding to G.R. Case No.627 of 2019 petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
