Allowed

Babu Sony @ Bablu Soni v. State of Odisha

Orissa HC17 Nov 2020BLAPL/4993/2020

Case brief

AI extract

What is this about?

This single-judge bail order grants bail to the petitioner convicted of murder and related offences. The court considered the circulation of circumstantial evidence, lack of eye-witnesses, length of judicial custody, and commenced trial before releasing the petitioner on a bond of 20,000 rupees with sureties.

What did the court decide?

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

Babu Sony @ Bablu Soni Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 4993 of 2020

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17.11.2020

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BABU SONY @ BABLU SONI

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… PETITIONER

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-VERSUS- STATE OF ODISHA ...

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... OPP.PARTY

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The matter 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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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Brahmani Tarang P.S. Case No.208 of 2016 corresponding to S.T. Case No.101 of 2017 pending in the Court of learned 1^st Addl. Sessions Judge, Rourkela for alleged commission of offences under sections 302/ 201/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of 1^st Addl. Sessions Judge, Rourkela, which was rejected on 16.01.2020.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 04.11.2016 and he has been charge sheeted under sections 302/201/34 of the Indian Penal Code. He further submitted that there are no eye witnesses to the occurrence and the case is based on the circumstantial evidence and the main circumstance against the petitioner is the extra judicial confession of the petitioner before others. It is further submitted that the weapons of offence like sword and an iron rod were recovered at the instance of the co-accused. It is further submitted that in the meantime, the trial has commenced and out of thirty charge sheet witnesses, eight witnesses have been examined so far and no clinching material has come out against the petitioner and therefore, the petitioner’s bail application may be

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favourably considered. Learned counsel for the petitioner drew my attention to the evidence of the witnesses.

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Learned counsel for the State opposed the prayer for bail on the ground that the deceased Bachi Singh was beheaded.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, absence of any direct evidence, nature of circumstantial evidence appearing on record and taking into account 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/-(rupees twenty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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PKSahoo

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…………………..……

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S.K. Sahoo, J.

Babu Sony @ Bablu Soni v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babu Sony @ Bablu Soni 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

Parties & counsel

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