Petitioner seeking bail under Section 439 Cr.P.C. in offences under IPC 450, 376, 506. Court revoked lower court order and granted bail on standard conditions prohibiting witness interference and ensuring personal appearance.
Bail granted on conditions prohibiting terrorisation or threatening of prosecution witnesses and requiring personal appearance.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3831 of 2021
Guru Nayak
…. Petitioner Mr.M.Chand, Advocate
-versus-
State of Odisha
…. Opposite Party Miss. S. Mishra, ASC
CORAM:
MR. JUSTICE D.DASH
ORDER
15.09.2021
Order No.
Page 1 of 2
// 2 //
Petitioner in custody and on going through the order passed by the learned 2nd Additional Sessions Judge; in the absence of any such impediment; 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 not terrorize or threaten the prosecution witnesses including the victim; and will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.
Violation of any of the above condition(s) shall entail cancellation of bail.
Basu
Page 2 of 2
3 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 450/376/506 IPC.
Whether the conditions imposed by the court regarding witness interference and appearance are appropriate.
Whether the impugned order dismissing the bail application should be quashed.
2 provisions across 2 enactments
Guru Nayak
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
