Allowed

Santosh Behera v. State of Odisha

Orissa HC9 May 2023BLAPL/12700/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. concerning a murder charge (IPC 302), the High Court of Orrisa, while acknowledging the nature of the offense, granted bail citing the concocted nature of the dying declaration, delayed prosecution narrative, and lack of criminal antecedents.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 50,000 with two local solvent sureties each for the like amount.

Santosh Behera Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.12700 of 2022

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Santosh Behera

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Petitioner

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Mr.S.P. Das, Advocate

-versus-

Order No.

State of Odisha

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Opp. Party

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Mr.Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
09.05.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with Satyabadi P.S. Case No.211 of 2022 corresponding to G.R. Case No.1543 of 2022 pending in the Court of learned J.M.F.C.-II, Puri for offence punishable under section 302/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of Sessions Judge, Puri, which was

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rejected on 06.12.2022.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 30.07.2022 and he has been charge sheeted under section 302/34 of the Indian Penal Code. The occurrence in question is stated to have been taken place on 13.07.2022 and the first information report was lodged on 22.07.2022 at about 6.30 p.m., but nobody has been named in the first information report as an accused. Learned counsel further submitted that it is the prosecution case that the deceased is a drunkard person and he was assaulted on 13.07.2022 for which he was treated in different hospitals and on 22.07.2022 night at about 11.00 o’clock, he made dying declaration before his wife-Swarna Mallick @ Jena and stated that the petitioner and others challenged for his conduct of taking liquor and gave him kick blows. Learned counsel further submitted that the dying declaration part appears to be a concocted one and in view of the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail and placed the evidence of Swarna Mallick @ Jena, the witness to the dying declaration so

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also the post mortem report which indicates that the cause of death was on account of septicemia and shock.

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Learned counsel for the State has obtained written instruction dated 22.12.2022 received from the Inspector in-charge of Satyabadi P.S. from which it appears that the petitioner is having no criminal antecedent. The instruction is taken on record.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, delayed disclosure of about nine days about his assault part by the deceased in his dying declaration even though the incident is stated to have been taken place on 13.07.2022 and further taking into account the post mortem report findings and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each

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date to which the case is posted for trial and shall not try to tamper with the prosecution evidence.

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

Sipun

SIPUN Digitally signed by SIPUN BEHERA BEHER Date: 2023.05.11 A 16:59:14 +05'30'

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Santosh Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

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