Petitioner applied for bail in a murder and other offences case. Court noted petitioner was not named in FIR and prosecution witnesses did not specify his role in alleged assault. Granted bail on conditions.
Petitioner released on bail subject to appearance on dates, no criminal activity, not threaten witnesses, and maintain peace.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4229 of 2021
Gajendra Suna @ Sena …. Petitioner Mr. D.P. Dhal, Sr.Advocate Mr. Bhabani Shankar Dasparida, Advocate
-versus-
State of Odisha
…. Opposite Party Mr. Anupam Rath, ASC
CORAM:
MR. JUSTICE D.DASH
ORDER
04.10.2021
Order No.
Page 1 of 3
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accused persons, namely, Dinabandhu Sashini and Sibu Chhatri and others have been specifically named to have dealt the blows by means of the weapons upon the deceased persons. He further submits that the incident as it appears had arisen from a group rivalry and this Petitioner aged about 61 years is said to have the affiliation of one group where his son is a member whereas the deceased persons were the members of the other group. Inviting the attention of the Court to the order dated 09.04.2021 passed in B.A. No.295 of 2021, he submits that simply because the son of the present petitioner namely Sanjib was one among the main rivals of the deceased Bulu, this Petitioner who has nothing to do with the said rivalry has been unnecessarily roped in the case so as to be harassed when his name was also not figuring in the FIR. With all these above, when in the meantime investigation of the case is complete and charge-sheet has been submitted as also the Petitioner has remained in custody since 23.02.2021, he urges for grant of bail to this Petitioner as his further detention in custody till conclusion of the trial would not serve any useful purpose especially when there stands no scope on his part to flee from justice and tamper the evidence.
Page 2 of 3
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the case is complete and charge-sheet has already been submitted.
Violation of any of the above condition(s) shall entail cancellation of bail.
(D. Dash) Judge
Himansu
Page 3 of 3
2 issues framed by the court
Whether the petitioner is entitled to be released on bail in a murder and other offences bail application considering he was an unnamed accused in the FIR and prosecution evidence is vague regarding h
Whether the period of detention and lack of evidence implicating the petitioner warrant grant of bail.
2 provisions across 2 enactments
Gajendra Suna
State of Odisha
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
