The court granted bail to the petitioner who was in judicial custody, noting that the main assault was attributed to a co-accused. The petitioner was required to execute a bond with sureties and abide by other conditions.
Petitioner released on bail furnishing bond of Rs. 20,000 with two solvent sureties each for same amount.
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BLAPL No. 432 of 2020
Mahaprasad Behera @ Bubunu … Petitioner -VersusState of Odisha … Opp. party
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 G.R. Case No.591 of 2019 arising out of Astaranga P.S. Case No.99 of 2019 pending in the Court of learned J.M.F.C., Nimapara for offences punishable under sections 341/294/323/324/ 307/302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Nimapara which was rejected on 04.01.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 08.10.2019 and as per the eye witness account, the co-accused Muna Biswal assaulted the deceased Dilip Singh by means of a knife which resulted in his death and the only allegation against the petitioner is that he was present at the spot and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State on verification of case diary fairly submits that the petitioner was a member of the unlawful assembly but the allegation of
assault to the deceased is against co-accused Muna Biswal.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, since the main role has been attributed against the co-accused Muna Biswal and further taking into account 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.
RKM
1 issue framed by the court
Whether the petitioner is eligible for bail considering the nature of accusation and period of detention.
1 provisions across 1 enactments
Mahaprasad Behera
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
