Allowed

Kalo@Suraj Soni v. State of Odisha

Orissa HC25 Sept 2019BLAPL/7078/2019

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner charged with murder under sections 302/34 IPC read with arms charges. The court noted the investigation was complete and the co-accused was in custody, directing specific appearance conditions.

What did the court decide?

Petitioner released on bail with conditions to appear at Sessions court and I.I.C., Orient P.S. every Monday for six months.

Kalo@Suraj Soni Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2019)

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BLAPL No.7078 OF 2019

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25.09.2019 The petitioner being in custody in connection with C.T. (Sessions) Case No.47 of 2019 arising out of C.T. Case No. 600 of 2019 and Orient P.S. Case No.39 of 2019 pending in the court of the learned Sessions Judge, Jharsuguda running for the alleged commission of offence under sections 302/34 IPC read with sections 25/27 of Arms Act 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 the deceased was a member of one anti social gang at Brajrajnagar valley and it is alleged that this petitioner was a member of the rival gang formed by accused Namish yadav. He further submits that in so far as the happening of the incident is concerned, the petitioner has not been assigned with the role in causing the death of the deceased and when he was lying in a injured condition being severely beaten by the deceased, it is alleged that accused Namish Yadav shot at the deceased in causing his death. According to him, merely because this petitioner was then present at the spot, he has been arrested in the case. It is also submitted that accused Namish Yadav is in custody. He submits that this petitioner is in custody since 25.3.2019 when the

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investigation of the case is complete and there remains least scope on the part of the petitioner to flee from justice or tamper the evidence. In view of all the above, he urges for grant of bail to the petitioner.

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Learned counsel for the State opposes the move. According to him, it is too early a stage to take a view as to the complicity of this petitioner.

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Considering the submissions made and on going through the materials available on record; further keeping in view the surrounding circumstances including the period of detention of the petitioner in custody, 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 with further conditions that he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; will appear before the I.I.C., Orient P.S. on every Monday in between 10.00 A.M. to 2 P.M. for a period of six months.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

……………………..

D. Dash, J.

Aks

Kalo@Suraj Soni v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kalo@Suraj Soni v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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