Allowed

Kunu @ Santosh Kumar Biswal v. State of Odisha

Orissa HC3 Aug 2020BLAPL/8/2020

Case brief

AI extract

What is this about?

High Court granted bail to petitioner in murder case (IPC 302/201/120-B/34) pending before Sessions Judge, Kendrapara. Court noted absence of direct evidence, civil dispute motive, and decided to release petitioner on bail with sureties and conditions not to tamper with evidence.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs.20,000 with two solvent sureties each for like amount.

Kunu @ Santosh Kumar Biswal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 8 of 2020

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Kunu @ Santosh

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Kumar Biswal ……. Petitioner

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-Vrs.-

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State of Odisha ……. Opp. Party

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03.08.2020 This matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the informant.

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.12 of 2020 arising out of Kendrapara Sadar P.S. Case No.231 of 2019 pending in the Court of learned Addl. Sessions Judge, Kendrapara for offences punishable under sections 302/201/120-B/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Kendrapara which was rejected on 19.11.2019.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 23.08.2019 and he has been charge sheeted under section 302 of the Indian Penal Code and other offences and there are no eye witnesses to the occurrence and the materials available against the petitioner on record is leading to discovery of a saree and one key. It is further submitted that the deceased was the stepmother of the petitioner and there was some civil dispute between the parties and also relating to the insurance claim of the father of the

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petitioner which is stated to be the motive behind the crime and the deceased was found missing since 10.08.2019 and her dead body was recovered from a river on 17.08.2019 and the post mortem report indicates that there was violence on the neck and fracture to the neck and there is no clinching material relating to the involvement of the petitioner in the alleged crime and therefore, the bail application may be favourably considered.

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Learned counsel for the State has produced the case diary and opposed the prayer for bail and placed the post mortem report.

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Learned counsel for the informant also opposed the prayer for bail and submitted that the petitioner is likely to give threat to the witnesses in case he is released on bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence, the nature of circumstantial evidence available on record, the background of the case and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject

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to conditions that the petitioner shall not try to keep the contact with any of the prosecution witnesses and shall not tamper with the evidence. Violation of any terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Urgent certified copy of this order is granted on proper application.

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sisir

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…………………..……

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S.K. Sahoo, J.

Kunu @ Santosh Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kunu @ Santosh Kumar Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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