Allowed

Rabindra Kumar Nayak v. State of Odisha

Orissa HC17 Nov 2020BLAPL/1658/2020

Case brief

AI extract

What is this about?

The court granted bail to the petitioners in connection with Polasara P.S. Case No.134/2019. It clarified that no prior bail application existed despite an earlier order's mention. Co-accused released on bail elsewhere justified this relief.

What did the court decide?

Directive to release the petitioners on bail from custody on terms fixed by the learned J.M.F.C., excluding conditions to dissuade witnesses or tamper with evidence.

Rabindra Kumar Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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BLAPL No.1658 of 2020

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17.11.2020

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This matter is taken up through video conferencing. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.147/148/341/294/323/ 325/326/506/379/307/302/149, I.P.C.

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Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant.

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It is submitted by learned counsel for the petitioners that in fact the co-accused persons have been released on bail in BLAPL No.10873/2019, but in the order dated 2.6.2020 it has been inadvertently mentioned that the petitioners have filed an earlier bail application.

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Perusal of the office note dated 2.9.2020 makes it clear that no such previous bail application has been filed by the petitioners.

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Learned counsel for the petitioners submits that the petitioners are inside custody since 26.06.2019 and in the meantime some other co-accused persons have been released on bail by this Court in BLAPL No.10873/2019 and BLAPL No.1924/2020 and the present petitioners are standing on the same footing with those co-accused persons, who have already been released on bail.

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After hearing learned counsel for the State as well as learned counsel for the informant and considering the circumstances of the case and release of co-accused persons on bail, it is directed to release the petitioners on bail in connection with Polasara P.S. Case No.134/2019 corresponding to G.R. Case No.190/2019 on such terms and conditions to be fixed by the learned J.M.F.C., Kodala as he deems just and proper including the condition that the petitioners shall not dissuade any witness

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directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence and shall attend the trial court on each date fixed.

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BLAPL is accordingly disposed of.

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Copy of this order be uploaded in the High Court’s official website as per Court’s Notice No.4587, dated 25.03.2020.

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B.P. Routray, J.

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BKB

Rabindra Kumar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rabindra Kumar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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