This order grants bail to the petitioner in a murder case for subsequent appearances. The court imposes conditions to prevent witness intimidation and ensure trial participation, disposing of the bail application subject to those terms.
Petitioner released on bail subject to conditions preventing witness threat, failure to appear, and criminal activity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL NO. 1233 OF 2020
This is the second journey of the Petitioner who is in custody connection with in connection with Titilagarh P.S. Case No.280 of 2018 corresponding to S.T. Case No.05 of 2019 arising out of G.R. Case No.436 of 2018 on the file of learned S.D.J.M., Titilagarh running for commission of offence under section-302 of the IPC, in filing this application under section 439 of the Cr.P.C. for his release on bail.
Heard learned counsel for the Petitioner and learned counsel for the State.
Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody since 12.09.2018 as well as the depositions of the witnesses examined so far in the trial and in the absence of any such impediment; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case; it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-
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Violation of any of the condition/s shall entail cancellation of bail.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Narayan
2 issues framed by the court
Whether the application for bail should be allowed subject to specific conditions given the petitioner's detention period and trial status.
What specific conditions should be imposed for the grant of bail to prevent intimidation of witnesses and ensure appearance in court.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
