Allowed

Roshan Jena v. State of Odisha

Orissa HC14 Aug 2020BLAPL/2859/2020

Case brief

AI extract

What is this about?

The petitioner, in custody for offences under various IPC sections, sought bail. The court noted no specific overt act was alleged against him, investigation was complete, and a similarly situated co-accused had already been released on bail. The court released the petitioner on bail.

What did the court decide?

The petitioner is released on bail in C.T. Case No.5168 of 2019 by the Court in seisin over the matter on such terms and conditions as it would deem just and proper.

Roshan Jena Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CORAM :- HON’BLE SHRI JUSTICE S.PUJAHARI

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BLAPL NO.2859 OF 2020

Roshan Jena.

…….. Petitioner

-Versus-

State of Odisha

…….. Opp.party

O R D E R

03. 14.08.2020

In the wake of the Pandemic Covid-19, the case is taken up through Video Conferencing.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner being in custody in C.T. Case No.5168 of 2019, arising out of Air Field P.S. Case No.196 of 2019, pending in the court of the learned S.D.J.M., Bhubaneswar, has filed this petition for his release on bail. The offences alleged against him are punishable under Sections 147, 148, 294, 341, 323, 324, 452, 307, 354, 379, 302 and 149 of I.P.C.

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The allegation of the prosecution reveals that the petitioner along with others forming an unlawful assembly stated to have done the deceased to death.

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Learned counsel for the petitioner drawing notice of this Court that no specific overt act has been alleged against the petitioner, investigation in this case having been completed and charge-sheet has been filed and similarly situated co-accused, namely, Jagadish Gajendra @ Raja having already been released on bail by this Court vide

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order passed in BLAPL No.3589 of 2020, the present petitioner may be released on bail.

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Learned counsel for the State, however, does not dispute the aforesaid submission of the learned counsel for the petitioner.

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Regard being had to the aforesaid facts and submissions made, especially the nature of accusation, character of materials appearing against the petitioner in support of the charge, circumstances in which the petitioner has been indicted, factum of release of the similarly situated co-accused on bail by this Court vide order passed in BLAPL No.3589 of 2020, factum of completion of investigation and hardly any material being there to suggest that the petitioner is likely to abscond and/or tamper with the prosecution evidence, if enlarged on bail, I am of the view that the petitioner in this case deserves to be released on bail.

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Hence, the petitioner be released on bail in the aforesaid case by the Court in seisin over the matter on such terms and conditions as it would deem just and proper.

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Accordingly, the BLAPL stands disposed of being allowed.

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As lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.

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………………… S.Pujahari, J.

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MRS

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Roshan Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Roshan Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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