This is a Section 439 Cr.P.C. application for bail in a murder case. The single judge rejected the bail plea, citing eye-witness statements and the grave nature of the accusation.
Application under Section 439 Cr.P.C. is dismissed; the petitioner is not granted bail.
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BLAPL No. 8214 of 2018
05. 20.02.2019
Heard learned counsel for the petitioner and the learned counsel for the State.
Mr. Subhranshu Sekhar Nayak, IIC, Sahedevkhunta police station is present in Court today and he files his show cause and the receipt of Rs.5000/- issued by the Orissa State Legal Services Authority, Cantonment Road, Cuttack, I am satisfied with the show cause filed and therefore, no proceeding under Contempt of Court’s Act will be initiated against him. He produced the case diary.
This is an application under Section 439 Cr.P.C. in connection with C.T. Case No.2044 of 2018 arising out of Sahedevkhunta P.S. Case No.257 of 2018 pending in the Court of learned S.D.J.M., Balasore for offences punishable under section 302/34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.
The petitioner moved an application for bail before the Court of learned Special Judge (Vigilance), Balasore which was rejected on 18.12.2018.
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Considering the statement of eye witness Babula @ Sanjaya Behera and the manner in which the crime has been committed, taking into account the nature and gravity of accusation, I am not inclined to release the petitioner on bail.
Accordingly, the BLAPL stands dismissed.
The personal appearance of the IIC, Sahedevkhunta police station is dispensed with.
………………….. S. K. Sahoo, J.
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1 issue framed by the court
Whether to grant bail to the petitioner in a murder case involving offences under Section 302 IPC and the Arms Act.
3 provisions across 3 enactments
Unknown Petitioner
The State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
