Court allowed criminal appeal and ordered release of appellant Babita Behera on bail in a murder case, noting no specific overt acts imputed to her, remote absconding risk, and prior bail of co-accused.
Criminal appeal allowed; appellant released on bail with conditions to not influence witnesses or engage in criminal activity.
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
CRLA No. 383 of 2021
Babita Behera
…. Appellant Mr. P. Panigrahi, Advocate
Versus
…. State of Odisha & Another Respondents Mr. Karunakar Nayak, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
Order No. 10.12.2021
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caste people of the Appellants’ party and it was decided therein to assault Bijay Guru, father of the Informant and on the next day, when he was sitting in front of the house near the bonfire he was assaulted by the present Appellant and her family members mercilessly. When the Informant and his mother and brothers went to his rescue, they too were brutally assaulted by the Appellants’ party and abused. Thereafter, Bijay Guru was taken to Mathakaragola Hospital and thereafter shifted to Dhenkanal Hospital as his condition was critical. But was declared dead by the doctor there.
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footing have been released on bail. I am therefore inclined to allow the appeal and release the appellant on bail. The impugned order of the trial court rejecting the prayer for bail of the Appellant is set aside.
Sukanta
.........................
(Savitri Ratho)
Judge
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3 issues framed by the court
Whether the appellant charged with serious offences under IPC and SC/ST Act deserves release on bail given lack of specific overt act.
Whether co-accused bail status and remote chance of absconding justify granting bail in a murder case.
Whether the trial court's rejection of bail prayer was correct in light of investigation completion.
3 provisions across 3 enactments
Babita Behera
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Savitri Ratho
Parties & counsel
