Bail application allowed in a case involving murder and rape. Court noted prosecution case rests on circumstantial evidence. Bail granted on furnishing bonds with sureties under S. 439 Cr.P.C. with standard conditions.
Allowed to go on bail on furnishing bond of Rs.25,000 with two solvent sureties for the like amount.
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
BLAPL No.11506 of 2021
Arun Jena
…. Petitioner Mr. S. Behera , Advocate
-versus-
State of Orissa
…. Opp. Party Mr. M. Mishra, A.S.C.
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER 26.10.2022
Page 1 of 3
// 2 //
present petitioner was arraigned as an accused in this case solely on the basis of the confession before the police and there is no material at all available on record to find out a single circumstance against the petitioner to rope him in this case. It is also submitted that the petitioner is inside custody since 16.04.2021 and the circumstance as allegedly reflected against the petitioner are motivated and concocted and do not form any chain of circumstance conclusively point out the guilt of the accused. Learned counsel for the petitioner also submits that the materials on record do not disclose any prima facie case against the petitioner and the petitioner thereby may kindly be enlarged on bail.
Page 2 of 3
// 3 //
as the age of the petitioner and admittedly the FIR being lodged against one Harihar Naik, this Court considers the bail application of the petitioner affirmatively.
Subhasmita
the case.
(G. Satapathy)
Judge
Page 3 of 3
2 issues framed by the court
Whether bail should be granted to the accused pending trial in a case involving murder and rape charges based on circumstantial evidence?
Whether the circumstantial evidence and recovery of articles amount to a prima facie case sufficient to deny bail?
2 provisions across 2 enactments
Arun Jena
State of Orissa
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
