Allowed

Rajendra Bibhar v. State of Odisha

Orissa HC24 Sept 2021BLAPL/3910/2021

Case brief

AI extract

What is this about?

High Court of Orissa allowed bail application filed by petitioners charged with offences under sections 302/307/34 IPC. Court held that despite long detention, bail was granted subject to appearance before the court in seisin and strict adherence to conditions.

What did the court decide?

Petitioners released on bail on such terms and conditions as deemed just and proper, subject to appearing before the court in seisin on each date of posting until conclusion of trial. Violation entail

Rajendra Bibhar 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.3910 of 2021

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Rajendra Bibhar & Another …. Petitioners Mr. H.S. Mishra, 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:

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MR. JUSTICE D.DASH

ORDER

24.09.2021

Order No.

This matter is taken up through hybrid arrangement (virtual/physical mode).

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The petitioners being in custody in connection with Bolangir Town P.S. Case No.392 of 2020 corresponding to Sessions Case (SC) No.5 of 2021 on the file of learned Sessions Judge, Balangir running for alleged commission of offence under sections 302/307/34 of the IPC, have filed this application under section 439 of the Cr.P.C. for their release on bail.

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Learned counsel for the Petitioners submits that the prosecution case as laid when even taken on its face value, it would not be a case under section 302 of the IPC as against these Petitioners as they cannot be said to be carrying requisite intention to cause the death of the deceased. He submits that there was no prior planning behind the incident and it had happened all of a sudden in course of a hot exchange of words as amongst the Petitioners and the deceased when allegations are made that there

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was assault by means of broken beer bottle and some injuries thereby was sustained by the deceased on his neck and head. He submits that by now the investigation of the case being complete, charge sheet has already been submitted and the Petitioners having remained in custody for about a year or so, the trial is also not expected to be completed so soon. He submits that the Petitioners being the permanent residents of the District of Balangir, there remains no scope on their part to flee from justice and the question of tampering the evidence also does not arise. In view of all these, he urges for grant of bail to these Petitioners.

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Learned counsel for the State opposes the move. According to him, the stage is too early to take a view that in the facts and circumstances of the case, the criminal liability of the Petitioners would not stand for commission of offence under section 302 of the IPC. He also submits that the death having taken within a short period of the incident, keeping in view the nature of injuries sustained, prima facie culpability of the Petitioner for the said offence stands. He, however, does not dispute the factum of completion of investigation.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the petitioners with other surrounding circumstances including the period of detention of the Petitioners in custody; it is directed that the Petitioners 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 condition that they shall appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial.

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Violation of any of the above condition(s) shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D. Dash) Judge

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Basu

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Rajendra Bibhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajendra Bibhar v. State of Odisha

Case brief

What is this about?

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