The Court dismissed the application under Section 439 Cr.P.C. for bail. Finding a strong prima facie case and the offence being heinous, the Court refused bail to prevent threat to witnesses.
Bail application dismissed; no grant of bail to the petitioner.
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BLAPL NO.4887 of 2020
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
This is an application under Section 439, Cr.P.C. for grant of bail to the petitioner in connection with Narasinghpur P.S. Case No.154 of 2020 corresponding to C.T. Case No.204 of 2020 pending in the court of the learned J.M.F.C., Narasinghpur for the alleged commission of offence under Section 302 of the I.P.C.
Learned counsel for the petitioner submits that the petitioner is no way connected so far as the present crime is concerned and on suspicion, the petitioner has been arrayed as an accused and he has no role to play in this crime. From the materials on record no direct evidence is forthcoming against the petitioner, but basing on circumstantial evidence, the petitioner has been implicated in this case. It is the submission of the learned counsel for the petitioner that the petitioner is an old man and it is difficult on his part to commit such as a crime. Hence, the petitioner may be released on bail.
G/D
Learned Additional Standing Counsel for the State raises objection for bail and submits that a strong prima facie case is well made out against the present petitioner and since the petitioner has committed heinous crime and if he is released on bail, he may threaten the informant
2
and other prosecution witnesses acquainted with the facts of the case.
Considering the submissions made by the learned counsel for the parties, the materials available on record and the offence committed by the petitioner which is heinous in nature, I am not inclined to grant bail to the petitioner and the prayer for bail of the petitioner is liable to be rejected.
Accordingly, the BLAPL is dismissed.
……..…..……… P. Patnaik, J.
1 issue framed by the court
Whether bail should be granted to the petitioner accused of murder under Section 302 IPC given the heinous nature of the offence and strong prima facie case.
2 provisions across 2 enactments
Petitioner
State
P. Patnaik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
