Allowed

Bulu @ Brajabandhu Samantaraya v. State of Odisha

Orissa HC18 May 2023BLAPL/12719/2022

Case brief

AI extract

What is this about?

High Court of Orissa allowed a third successive bail application under Section 439 CrPC in a murder case, directing the release of the petitioner after considering the delay in trial, the release of a co-accused, and the petitioner's adherence to prior interim bail terms.

What did the court decide?

Petitioner directed to be released on bail on furnishing a bail bond of Rs.50,000 with two local solvent sureties.

Bulu @ Brajabandhu Samantaraya Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.12719 of 2022

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Bulu @ Brajabandhu …. Petitioner Samantaraya

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Mr. A.K. Sahoo, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Order No.

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Mr. Priyabrata Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
18.05.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.151 of 2017 arising out of Delang P.S. Case No.90 of 2017 pending in the Court of learned Sessions Judge, Puri for offences punishable under sections 302/109/120-B/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Puri, which was rejected on 28.11.2022.

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// 2 //

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This is a third successive bail application of the petitioner.

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It appears that the earlier bail application of the petitioner in BLAPL No.7786 of 2018 was rejected vide order dated 22.01.2021 and in the second bail application i.e. BLAPL No.2010 of 2021, the petitioner was granted interim bail for a period of three months on account of delayed disposal of the trial as per order dated 13.05.2022. Learned counsel further submitted that on 14.03.2023, one of the co-accused, namely, Bibhudutta Baliarsingh @ Madhia, who stands on the similar footing like the petitioner as per the evidence of the eye witness P.W.1, who is the informant and widow of the deceased has been released on bail in BLAPL No.5363 of 2022 and therefore, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State after going through the evidence of P.W.1 does not dispute that the overt act has been attributed against the petitioner as well as co-accused Bibhudutta Baliarsingh @ Madhia are similar in nature.

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Considering the submissions made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody, release of the co-accused on bail and since the

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// 3 //

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petitioner has not flouted the terms and conditions of the interim bail order passed by this Court and keeping in view the ratio laid down by the Hon’ble Supreme Court in the case of Hussainara Khatoon (I) -Vrs.- State of Bihar reported in (1980) 1 Supreme Court Cases 81 , I am inclined to reconsider the prayer for bail and direct the petitioner to be released 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 subject to condition that the petitioners shall appear before the learned trial Court on each date when the case would be posted for trial.

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Violation of any terms and 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.

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( S.K. Sahoo)

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Signature Not Verified Judge Digitally Signed Signed by: RABINDRA KUMAR MISHRA RKM Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA Date: 19-May-2023 18:21:14

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Bulu @ Brajabandhu Samantaraya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bulu @ Brajabandhu Samantaraya v. State of Odisha

Case brief

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What did the court decide?

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