Dismissed

Anama Naik @ Guja @ Ajit Naik v. State of Odisha

Orissa HC12 Apr 2021BLAPL/2209/2020

Case brief

AI extract

What is this about?

The High Court dismissed a bail application under section 439 Cr.P.C. for a murder accused, rejecting arguments of lack of direct evidence and long detention as grounds for release, while directing the trial court to expedite proceedings.

What did the court decide?

The prayer for grant of bail to the Petitioner was dismissed. The trial court is directed to expedite the trial.

Anama Naik @ Guja @ Ajit Naik Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2021)

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BLAPL NO.2209 OF 2020

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12.04.2021:

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The matter is taken up by video conferencing mode.

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This is the second journey of the Petitioner who is in custody connection with Raairakhol P.S. Case No.44 of 2018 corresponding to S.T. Case No.13 of 2019 on the file of learned Sessions Judge, Sambalpur for alleged commission of offence under section 302/201/34 of the IPC, in filing this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that here in the case, there is no direct evidence to show the complicity of the Petitioner with the crime. He further submits that the Petitioner finding his father in a drunken state when had taken him to the hospital, he has been falsely arraigned in the case as to have murdered him. In view of the above, further placing the period of detention of the Petitioner in custody; he urges for grant of bail to the Petitioner.

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Learned counsel for the State opposes the move. According to him, this Petitioner being the son of the deceased had taken the revenge upon his father as he was denying to part with his property in favour of the Petitioner. He, further by openly declaring the same, submits that grandfather of this Petitioner (i.e. father of the deceased) has stated that this Petitioner was taking the dead body of his father to the hospital after committing the murder just to show that he is innocent and on the way, he has thrown the dead body in the jungle which has been recovered later. It is further submitted that strong circumstances printing at the complicity of the Petitioner are emerging from the evidence

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// 2 //

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and those being joined together makes out a prima facie case against the Petitioner to be the author of crime. Inviting the attention of this Court to the postmortem report, he submits that the doctor ending post mortem examination having found multiple injuries over the head, right form arm and fracture to right leg bones of the deceased, there comes no explanation on that score from the side of the Petitioner.

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Taking into account the submissions made and on going through the materials on record, further keeping in view the surrounding circumstances, finding no such change in the circumstances; this court is not inclined to reconsider the prayer for grant of bail to the Petitioner. However, keeping in view the submission of the learned counsel for the Petitioner as to the long period of detention of the Petitioner in custody, it is observed that the trial court would do well to take all such effective steps as provided in law for early conclusion of the trial.

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The BLAPL is accordingly disposed of.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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……………………..

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D. Dash, J.

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Narayan

Anama Naik @ Guja @ Ajit Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anama Naik @ Guja @ Ajit Naik 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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