The Single Judge allowed bail applications in a murder-case involving witch-hunting charges. Noting that prosecution witnesses turned hostile and failed to implicate the petitioners, the court ordered their release.
Release of petitioners on bail on such terms and conditions as fixed by the court below, including attendance at trial.
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BLAPL No. 773 of 2019
BLAPL No. 773 of 2019 and BLAPL No. 1059 of 2019
Since both these bail applications are arising out of same P.S.case, they are taken up analogously as prayed by both parties.
These applications are under Section 439 Cr.P.C. for bail and the offences alleged are under Sections 147/148/449/302/201/506/149 of I.P.C. and Section 4 of the Odisha Prevention of witch hunting Act-2013.
It is submitted on behalf of the petitioners that all the petitioners are inside custody since 04.11.2018 and in the meantime, seventeen witnesses have been examined by prosecution in course of trial. It is also submitted by him that in the statements of those witnesses including eye witnesses, viz. P.Ws. 4,5,6 & 7 so also, the circumstantial witnesses viz. P.W. 16 & 17, have all turned hostile and they have even denied their knowledge about the occurrence and identification of the accused persons. It is further submitted that all the relevant witnesses except the I.O. have been examined in course of trial, but nothing is forthcoming from their evidence to implicate the present petitioners in any way.
After hearing the learned counsel for the State and
upon perusal of the copies of depositions of those
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witnesses filed by the petitioners, it is directed to release the petitioners on bail in connection with Motu P.S. Case No. 36 of 2018 corresponding to G.R. Case No. 193 of 2018 on such terms and conditions to be fixed by the learned court below in seisin over the matter including the condition that the petitioners shall attend the learned trial court on each date fixed.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
………………….. B.P.Routray, J.
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1 issue framed by the court
Whether the petitioners, who have been in custody since November 2018 with prosecution witnesses turning hostile, are entitled to bail under Section 439 Cr.P.C.
3 provisions across 3 enactments
B.P.Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B.P.Routray
Parties & counsel
