Bikram Ready v. State of Odisha
Case brief
What is this about?
The High Court dismissed a bail application under Section 439 Cr.P.C. in a case involving murder and explosive substances, holding that the petitioner's participation was apparent and the offence's nature precluded bail. Bail may be renewed after witness examination.
What did the court decide?
Petitioner remained in judicial custody; prayer for bail rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No. 1795 of 2020
Bikram Ready ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
- 03.08.2020 This matter is taken up through Video Conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.2392 of 2019 arising out of Nayapali P.S. Case No.259 of 2019 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under sections 147/148/341/302/ 427/149 of the Indian Penal Code and sections 3 and 4 of the Explosive Substance Act.
The petitioner moved an application for bail before the Court of learned 1st Addl. Sessions Judge, Bhubaneswar which was rejected on 17.11.2019.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 02.06.2019 and the main allegation is against Silu @ Soumya Ranjan Mohapatra and Sikaan Moharana who threw the bomb at the deceased as a result of which he died. He also placed the statement of eye witness Brundaban Behera and submitted that in view of the available materials on record, the bail application may be favourably considered.
Learned counsel for the State placed the statement of Kamalakanta Behera and submitted that it was a pre-
planned murder and while the deceased was coming with a motor cycle along with another, he was obstructed by the petitioner and others and thereafter the co-accused threw bomb at the deceased as a result of which he died and therefore, the petitioner’s involvement is apparent.
Issues for consideration
1 issue framed by the court
Whether the petitioner should be released on bail considering the gravity of the charge and apparent involvement in the crime.
Parties & counsel
- petitioner
Bikram Ready
- respondent
State of Odisha
Coram
S.K. Sahoo
Case details
As recorded by the court registry
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