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Babuli Pradhan v. State of Odisha

Orissa HC19 Apr 2022BLAPL/851/2021

Case brief

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What is this about?

A bail application filed by an accused in a murder case challenging the Additional Sessions Judge's rejection. The Court directed the release of the petitioner on bail by reasoning that continued custody is unwarranted post-charge-sheet, especially considering the release of co-accused, leaving terms to the trial court.

What did the court decide?

The petitioner is directed to be released on bail on such terms as to be fixed by the learned Court.

Babuli Pradhan 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. 851 OF 2021

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Babuli Pradhan

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……… Petitioner

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Mr. Chandrakanta Nayak, Advocate

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-versus-

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State of Odisha

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...……… Opposite Party Mr. K.K. Gaya, ASC

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CORAM:

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JUSTICE V. NARASINGH

ORDER

19.04.2022

Order No.

This matter is taken up through Hybrid Mode.

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The petitioner is accused in connection with S.T. Case No. 251 of 2019 arising out of G.R. Case No. 223 of 2019 corresponding to Nuagaon P.S. Case No. 36 of 2019, pending on the file of the learned Additional Sessions Judge, Nayagarh for the alleged commission of offence under Sections-302/201/34 of the IPC and is in custody since 16.05.2019.

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Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Additional Sessions Judge, Nayagarh by Order dtd. 07.01.2020 in S.T. Case No. 251 of 2019, the present BLAPL has been filed.

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Heard Mr. C. Nayak, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

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Learned counsel for the petitioner submits that, since charge-sheet has already been filed on 10.09.2019 and taking into

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account the nature of materials on record connecting the petitonr with the crime his further continuance in custody is not warranted.

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He is also places reliance on order of this Court dtd. 19.12.2019 passed in BLAPL No. 10219 of 2019 in the case of co-accused- Rajesh Dakua and seeks intervention inter alia on the ground of parity.

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Learned counsel for the State referring to the Case Diary and the statement of Tulasi Nayak the wife of the deceased and to lead him to discovery under Section-27 of the Evidence Act submits that there are materials on record, which unerringly connect the petitioner to the crime and taking into account the nature of allegation, he is not entitled to be released on bail.

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Taking note that the basis of implication is circumstantial in nature and taking note of the weapon of offence and the manner in which the crime is stated to have been committed, since chargesheet has already been filed further continuance of the petitioner is not justified. And keeping in view the release of the co-accused, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

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The Bail Application thus stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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Balaram

Babuli Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babuli Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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