Allowed

Purasotam @ Puria Rout v. State of Odisha

Orissa HC15 Sept 2020BLAPL/946/2020

Case brief

AI extract

What is this about?

In a bail application under Section 302/34 IPC, the High Court granted release to an accused charged with instigating murder. Considering the co-accused's bail, completed investigation, and lack of evidence for absconding, the court allowed the petition and disposed of the bail application.

What did the court decide?

Petitioner released on bail in the said case by the Court in seisin over the matter on such terms and conditions as deemed just and proper.

Purasotam @ Puria Rout Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

¶1

CORAM :- HON’BLE SHRI JUSTICE S.PUJAHARI

¶2

BLAPL NO.946 OF 2020

¶3

Purasotam @ Puria Rout.

¶4

…….. Petitioner -Versus- State of Odisha …….. Opp.party

¶5

O R D E R

¶6

15.09.2020 In the wake of the Pandemic Covid-19, the case is taken up through Video Conferencing.

¶7

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

¶8

The petitioner being in custody in C.T. No.3 of 2020, arising out of Kujang P.S. Case No.2 of 2019, pending in the court of the Addl. Sessions Judge, Kujang, has filed this petition for his release on bail. The offence alleged against the petitioner is punishable under Section 302/34 of I.P.C.

¶9

The prosecution allegation reveals that the deceased - Ranjan Rashmi Pradhan was stabbed to death in furtherance of common intention of the petitioner and his co-accused persons. According to the materials collected, it discloses that deceased – Ranjan Rashmi Pradhan was stabbed to death by co-accused of the petitioner, namely, Hiranya @ Prasant Rout. The petitioner was stated to have instigated his co-accused to did the deceased to death.

¶10

¶11

Learned counsel for the petitioner submits that the allegation against the petitioner is that he stated to instigated the person who committed the murder of the deceased. Besides the same, no other material is there against the petitioner to implicate him in this case. Investigation in this case has been completed and charge-sheet has already been filed. Similarly situated co-accused, namely, Debasis Rout has already been released on bail by this Court vide order passed in BLAPL No.4500 of 2019. In such premises, he submits to release the petitioner on bail, more so when he has no chance of absconding and/or tampering with the prosecution evidence, if released on bail.

¶12

Learned counsel for the State, though opposes the prayer for bail, but does not dispute the aforesaid submission of the learned counsel for the petitioner.

¶13

Regard being had to the aforesaid facts and submissions made, especially the nature of accusation, character of incriminating materials appearing against the petitioner in support of the charge, circumstances in which the petitioner has been indicted, release of the similarly situated co-accused on bail by this Court vide order passed in the aforesaid bail application and factum of completion of investigation, coupled with the fact that 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.

¶14

¶15

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.

¶16

Accordingly, the BLAPL stands disposed of being allowed.

¶17

Parties may utilize this order as per High Court’s Notice No.4587 dated 25.03.2020.

…………………

S.Pujahari, J.

MRS

Purasotam @ Puria Rout v. State of Odisha

Case brief

What is this about?

What did the court decide?

Purasotam @ Puria Rout 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

Coram

Case details

Similar cases

Paresh Thakur @ Papun Vs State of Odisha

Rupesh Kumar Thakur Vs State of Odisha

Madan Singh Vs State of Odisha

Saraswati Nayak Vs State of Odisha

Narayan Sethy Vs State of Odisha

Irshad Vs State of Odisha