Allowed

Kunu @ Jagannath Matiari v. State of Odisha

Orissa HC23 Dec 2021CRLA/59/2020

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail appeal preferring against the Special Deogarh for refusing to release the appellant on bail. The Court set aside the impugned order and directed the trial court to grant bail, noting the victim did not support the prosecution and tampering or absconding risk was low.

What did the court decide?

Appeal allowed; impugned order of Special Judge Deogarh setting aside and directing release on bail granted.

Kunu @ Jagannath Matiari Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.59 of 2020

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Kunu @ Jagannath Matiari

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…. Appellant

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-versus-

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…. State of Odisha & another Respondents

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CORAM: THE JUSTICE S.PUJAHARI

Order No.

ORDER 23.12.2021

This matter is taken up through Hybrid mode.

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This appeal has been preferred against the order dated 14.01.2020 passed by the learned Special Judge, Deogarh in Special G.R Case No.01 of 2019 refusing to release the Appellant on bail.

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Heard learned counsel for the Appellant and learned counsel for the State. No one appears on behalf of the victimRespondent No.2 in spite of the notice being made sufficient.

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On the consent of the parties, this appeal is taken up for disposal at the stage of admission as it is in the nature of bail petition.

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Admit.

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Learned counsel for the Appellant submits that in the meanwhile the victim having been examined in this case and she having not supported the case of the prosecution, the Appellant deserves to be released on bail.

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Page 1 of 2

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// 2 //

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Learned counsel for the State has vehemently opposed the prayer for bail of the Appellant with the submission that since the trial is at the fag end and the offence alleged is heinous and serious in nature, the Appellant should not be released on bail as appreciating the evidence of the victim at this stage shall amount to prejudging a case and that would adverse impact on the final judgment of the trial court.

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After hearing learned counsel for the parties and without making any comment on the evidence adduced since the victim and star material witnesses have also been examined in this case, for that the least being the chance of the Appellant tampering with the prosecution evidence, if enlarged on bail and he has also no chance of absconding, this Court while setting aside the impugned order dated 14.01.2020 passed by the learned Special Judge, Deogarh in Special G.R Case No.01 of 2019 refusing to release the Appellant on bail, directs the trial court to release the Appellant on bail in the aforesaid case on such terms and conditions as the said court may deem it just and proper.

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With the aforesaid order, the CRLA stands disposed of being allowed.

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Urgent certified copy of this order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Kunu @ Jagannath Matiari v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kunu @ Jagannath Matiari v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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