Dismissed

Mana @ Manu @ Manoranjan Dakua v. State of Odisha

Orissa HC24 Nov 2022BLAPL/7010/2022

Case brief

AI extract

What is this about?

The Petitioner, an accused in a murder case, approached the High Court challenging the Additional Sessions Judge's rejection of his bail application. The Court noted recovery of the murder weapon via the Petitioner's Section 27 statement. Finding the co-accused's statement insufficient to dismiss the prosecution's reliance on the recovered evidence, the Court refused bail and disposed of the petit

What did the court decide?

Bail prayer rejected; BLAPL disposed of.

Mana @ Manu @ Manoranjan Dakua Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 7010 of 2022

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Mana @ Manu @ Manoranjan …. Petitioner Dakua

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Mr. M.K. Mohapatro, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Maharaj, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

24.11.2022

Order No.

02. 1. This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner is an accused in connection with G.R. Case No.1016 of 2022, pending in the Court of the learned Additional Sessions Judge, Talcher, arising out of Kaniha P.S. Case No.115 of 2022, for alleged commission of offences under Section 302 of IPC. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Talcher, by order dated 05.07.2022 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the petitioner is in custody since 22.06.2022 and since charge-sheet has already

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been filed, further continuance of the petitioner in custody is unwarranted.

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It is submitted that the basis of implication is only on account of co-accused statement Bapuji Sahu and there is no other material to connect the petitioner with the crime.

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Learned counsel for the State opposes the prayer for bail.

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This Court had occasion to peruse the statement of the petitioner recorded under Section 27 of the Evidence Act, which led to the recovery of the cloth with which the deceased was struck to death.

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Taking into account the statement of witnesses and statement of the petitioner recorded under Section 27 of the Evidence Act, this Court is not to persuaded to hold that there are no other materials to implicate the petitioner and the sole basis is co-accused statement as urged.

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Considering the same, this Court not inclined to consider the bail application of the petitioner at this stage.

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Accordingly, the BLAPL stands disposed of.

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V. NARASINGH) Judge

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Ayesha

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Mana @ Manu @ Manoranjan Dakua v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mana @ Manu @ Manoranjan Dakua v. State of Odisha

Case brief

What is this about?

What did the court decide?

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