Allowed

Biju Barik v. State of Odisha

Orissa HC18 Aug 2021BLAPL/8002/2020

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application under section 439 Cr.P.C. in a case involving offences under sections 376, 302, and 380 IPC. Relying on witness statements indicating the prosecution case weakened and considering the custody period, the court granted bail with financial surety.

What did the court decide?

Petitioner released on bail with a bond of Rs.50,000 and two local solvent sureties.

Biju Barik 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.8002 of 2020

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Biju Barik …. Petitioner

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Mr.D.N.Mishra, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr.A.Pradhan, Addl.Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

18.08.2021

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode). Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Gondia P.S. Case No.59 of 2018 corresponding to C.T.(Sess.) No. 140 of 2018 pending in the Court of learned Sessions Judge, Dhenkanal for alleged commission of offence under sections 376/511/449/ 302 and 380 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of Sessions Judge, Dhenkanal, which was rejected on 07.10.2020.

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// 2 //

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 05.05.2018 and his earlier bail application in BLAPL No.4837 of 2019 was rejected as per order dated 13.08.2019, mainly relying on the statement of the witness Akshaya Kumar Barik and leading to discovery of incriminating article by the petitioner. It is further submitted that in the meantime trial has commenced and out of thirty eight charge sheet witnesses, twelve witnesses have been examined and the said Akshaya Kumar Barik has been examined as P.W.11, but he has not supported the prosecution case and therefore, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State opposed the prayer for bail.

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Perused the statements of the witnesses already examined in the learned trial Court. From those statements, nothing clinching is available against the petitioner.

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Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced during trial, change in the circumstances after rejection of the earlier bail application and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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// 3 //

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

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PKSahoo

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( S.K. Sahoo)
Judge

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Biju Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biju Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

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