Allowed

Anup Bar v. State of Odisha

Orissa HC14 Nov 2023BLAPL/1276/2023

Case brief

AI extract

What is this about?

Single Bench relief order granting bail to a first-time accused in a murder trial, directed by parity with a similarly placed co-accused released earlier, subject to family surety, immediate verification of antecedents, and undertaking not to intimidate witnesses by the lower court in seisin.

What did the court decide?

Petitioner directed to be released on bail; to be kept in custody by the court in seisin after verification of antecedents; one immediate family member to execute P.R. bond; undertaking not to influen

Anup Bar Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1276 of 2023

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Anup Bar

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…. Petitioner

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Mr. P.P. Parida, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

14.11.2023

Order No.

07. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The petitioner is accused in connection with C.T. Case No.107 of 2021, pending before the learned 3rd Additional Sessions Judge, Bhubaneswar, arising out of Dhauli P.S. Case No.77 of 2021, for commission of offences under Sections 302/201/120-B of IPC.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Bhubaneswar, by order dated 11.01.2023 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 15.05.2021 and the material witnesses have not supported the prosecution and in this context he relies on the statement of P.Ws.1 & 2, who are the witnesses to the disclosure statement and it is stated that they have resiled and there is no other material to connect the Petitioner with the alleged crime. Hence, further continuance of the Petitioner in custody is unwarranted.

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Page 1 of 2

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Learned counsel submits that the Petitioner is the first offender.

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It is his further submission that one Krushna Chandra Maharana who is similarly placed with the Petitioner was released on bail by order dated 21.10.2022 in BLAPL No.8755 of 2022 and as the Petitioner is at all fours with the said accused, he may be released on bail inter alia on the ground of parity.

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Learned counsel for the State submits that there are other witnesses to be examined. Hence, at this stage, the bail application of the Petitioner ought not to be considered during currency of trial.

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Prima facie implication was on account of statement of P.Ws.1 & 2 who have resiled and which weighed with this Court in releasing the co-accused Krushna Chandra Maharana, as noted. On the ground of parity, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin to ensure his presence on each date of trial.

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Additionally, it is directed that Petitioner shall in any way try to intimidate or influence the witnesses.

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It is further directed that in addition to the sureties so fixed, one surety shall be immediate member of the family of the petitioner, who shall execute a P.R. bond.

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Before releasing, learned Court in seisin is requested to verify criminal antecedent of any nature. If it comes to the fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

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Accordingly, the BLAPL stands disposed of.

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

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 15-Nov-2023 19:09:21

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Anup Bar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anup Bar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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