In a bail application under section 439 Cr.P.C. regarding charges of murder and throwing a person from a height, the High Court, weighing the nature of accusation, lack of direct evidence, and period of detention, granted release on bail.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two solvent sureties for the like amount.
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BLAPL No. 242 of 2020
Kuna Samal ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
This matter is taken up through Video Conferencing.
Heard Mr. Dharanidhar Nayak, learned Senior Advocate for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.1574 of 2019 arising out of Rengali Dam Site P.S. Case No.152 of 2019 pending in the Court of learned S.D.J.M., Talcher for offences punishable under sections 302/201/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Talcher which was rejected on 05.12.2020.
Learned counsel for the petitioner submits that the petitioner is in judicial custody since 01.12.2019 and he has been charge sheeted under sections 302/201/34 of the Indian Penal Code and the occurrence in question took place during night on 28.11.2019 and there are no eye witnesses to the occurrence nor any clinching circumstantial evidence and the petitioner’s implication in the case is based on confessional statement of the co-accused Subrat Samal, on the basis of whose statement recorded
under section 27 of the Evidence Act, one Katari was recovered. He further submits that in view of the available materials on record, the bail application of the petitioner may be favourably considered.
Learned counsel for the State opposed the prayer for bail, however, he submitted that the dead body of the deceased was found inside a well and the cause of death of the deceased was on account of injury on the neck by sharp cutting weapon. He further submitted that materials are there to show that a month prior to the occurrence, the petitioner had threatened and assaulted the deceased.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence, nature of circumstantial evidence appearing on record 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.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.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
…………………..…… S.K. Sahoo, J.
P
3 issues framed by the court
Whether an accused facing charges of murder and throwing a baby from a height should be released on bail.
Whether the absence of direct evidence or eye witnesses outweighs the circumstantial evidence in granting bail.
Whether the period of detention in judicial custody warrants the grant of bail in a serious offence.
2 provisions across 2 enactments
Kuna Samal
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
