Allowed

Charan Behera v. State of Odisha

Orissa HC16 Aug 2021BLAPL/2317/2021

Case brief

AI extract

What is this about?

Bail application filed by the accused in a case involving an alleged murder. The High Court accepted submissions that the offense was likely communally motivated and that the petitioner did not intend to cause death, leading to an order for release on bail pending trial.

What did the court decide?

Petitioner granted bail on terms and conditions, including appearance at court dates and no interference with witnesses.

Charan Behera Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2317 of 2021

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Charan Behera

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…. Petitioner Mr.B.S.Dasparida, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr.D.R.Parida, ASC

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CORAM: MR. JUSTICE D.DASH

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ORDER 16.08.2021 Order No. 06. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. The Petitioner being in custody in connection with Gania P.S. Case No.09 of 2020 corresponding to G.R. Case No.47 of 2020 on the file of learned J.M.F.C., Daspalla running for commission of offence under sections 341/323/325/324/ 326/307/452/294/302/506/34 of the IPC, has filed 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 the incident giving rise to the case has taken place during the quarrel ensued between the members of the two groups. He further submits that in course of hot exchange of words between the members of the rival group, there has been assault

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and counter assault and the members of the prosecution party are also facing criminal case for the same. He also submits that as per the statement of the eye witnesses, this Petitioner is said to have given one blow on the head of the deceased by a wooden plank and it is said that thereafter, other accused persons followed the suite in assaulting the deceased. It is submitted that taking the totality of the facts and circumstances surrounding the incident into consideration, it may not be said that this Petitioner had intended to cause the death of the deceased. He submits that in the meantime, the investigation of the case is complete and charge sheet has also been submitted there remains also no scope on the part of the Petitioner to flee from justice and tamper the evidence. He, therefore, urges for grant of bail to the Petitioner as according to him, further detention of the Petitioner in custody till conclusion of the trial would serve no useful purpose.

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Learned counsel for the State opposes the move. According to him, it is a too early to take a view that with the role admitted to this Petitioner; the offence under section 302 of the IPC may not be attracted. He, however, he does not dispute the position as to the factum of grant of bail to the co-accused persons in submitting that they have been so granted since they have been arraigned in the case with the aid of section 34 of the IPC; by taking necessary view in that regard by detail order dated 10.12.2020 passed in BLAPL No.6116 of 2020.

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Considering the submissions made; further keeping in view the nature of accusation and taking into account other surrounding circumstances including the period of detention of

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the Petitioner in custody, I am inclined to grant bail to the Petitioner. Accordingly, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that he will appear before the Court in seisin of the case on each date of posting of the case till conclusion of the trial; will not terrorize or threaten the prosecution witnesses in any manner.

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Violation of any of the above condition(s) shall entail

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cancellation of bail.

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Basu

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The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
(D.Dash)
Judge

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Charan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Charan Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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