In a bail application under S. 439 Cr.P.C., the High Court of Orissa granted bail to the petitioner, an accused in a murder case, directing appearance before the trying court and restraining him from intimidating witnesses or leaving the jurisdiction.
Petitioner released on bail on conditions to appear in court, not terrorize witnesses, and not leave jurisdiction.
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.3869 of 2021
Anand Naik
…. Petitioner
Mr.Chandan Samantray, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Anupam Rath,ASC
CORAM:
MR. JUSTICE D.DASH
ORDER
27.09.2021
Order No.
Page 1 of 3
// 2 //
blame upon the Petitioner that he was an absconder for long is not also correct as he had no knowledge about running of the case against him. He submits that even accepting the prosecution allegation, this Petitioner is not attributed with the role of causing of fatal injury upon the deceased. In view of all these above, he urges for grant of bail to the Petitioner on such terms and conditions as deemed just and proper.
Violation of any of the above condition(s) shall entail cancellation of bail.
(D. Dash)
Judge
Himansu
Page 2 of 3
// 3 //
Page 3 of 3
2 issues framed by the court
Whether bail can be granted to the petitioner who is in custody as an accused in a murder case where no charge has been framed.
Whether the petitioner's long period as an absconder bars the grant of bail.
2 provisions across 2 enactments
Anand Naik
State of Odisha
MR. JUSTICE D.DASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
