In this bail application under section 439 CrPC, the High Court discharged the petitioner accused under sections 302, 201, 376(3) IPC and section 4 POCSO, allowing release upon furnishing a bond of Rs. 50,000 with two sureties.
Petitioner released on bail furnishing a bond of Rs. 50,000 with two local solvent sureties for like amount.
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BLAPL No. 1184 of 2020
KULDEEP MAGAR @ … PETITIONER SHANKAR
-VERSUS-
STATE OF ODISHA
... OPP.PARTY
Learned counsel for the State submits that notice on the informant is sufficient.
None appears on behalf of the informant.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Hemgiri P.S. Case No. 90 of 2019 corresponding to Spl. G.R. Case No. 61 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Sundargarh for offences punishable under sections 302, 201, 376(3) of the Indian Penal Code and section 4 of POCSO Act.
The petitioner moved an application for bail before the learned Addl. Sessions Judge -cum- Special Judge, Sundargarh, which was rejected on 24.01.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 24.07.2019 and he has been charge sheeted under sections 302, 201, 376(3) of the Indian Penal Code and section 4 of POCSO Act. It is further submitted that the deceased was a
minor girl and she left her house on 20.07.2019 and her family members searched for her, but she could not be traced out and ultimately on 22.07.2019 her dead body was found inside the jungle. Learned counsel further contended that the post mortem report of the deceased indicated that her death was on account of axphyxia as a result of throttling and except the confessional statement of the petitioner before the police, there is no other material against the petitioner and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State, on the other hand, placed the statement of Nahar Gupta, who stated to have marked a dead body lying inside the jungle where after he informed others. He further submitted that the call detail report of a mobile phone, which was utilized by the deceased indicates that she talked with the petitioner on the relevant day and thereafter, her mobile was switched off. Learned counsel for the State also placed the 164 Cr.P.C. statements of the friends of the petitioner, which indicate that while they were going together to deliver water to various villagers, on the way the petitioner got down and subsequently, he joined.
Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, absence of any direct evidence, nature of circumstantial evidence appearing against the petitioner and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
PKSahoo
2 issues framed by the court
Whether the petitioner should be granted bail in a case involving section 4 of PUCSO and section 302 IPC.
Whether the period of judicial custody and nature of evidence warrants the release of the accused on bail.
3 provisions across 3 enactments
Kuldeep Magar @ Shankar
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
