Allowed

Angad Das@ Sanjay Pradhan v. State of Odisha

Orissa HC3 Apr 2023BLAPL/128/2022

Case brief

AI extract

What is this about?

The High Court considered a bail application in a murder case where the petitioner was in judicial custody. Finding no direct evidence and noting the length of detention, the court approved bail subject to furnishing a bond and sureties.

What did the court decide?

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

Angad Das@ Sanjay Pradhan 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.128 of 2022

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Angad Das @ Sanjay …. Petitioner Pradhan

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Mr.A. Mishra, Advocate

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-versus-

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State of Odisha

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Opp. Party

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Mr.Priyabrata Tripathy, Addl. Standing Counsel

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CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
03.04.2023
12. 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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Order No.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Chandaka P.S. Case No.27 of 2021 corresponding to C.T. Case No.08/105 of 2021 pending in the Court of learned 2^nd Addl. Sessions Judge, Bhubaneswar for alleged commission of offence under section 302/201/120-B of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of 2^nd Addl. Sessions Judge, Bhubaneswar, which was rejected on 08.11.2021.

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// 2 //

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 11.02.2021 and he has been charge sheeted under sections 302/201 of the Indian Penal Code. He further submitted that the occurrence in question took place on 04.02.2021 and there are no eye witnesses to the occurrence and the only material available against the petitioner is the confessional statement of co-accused Srikant Das before Basanta Jani and in the meantime, trial has commenced and Basanta Jani has been examined as P.W.9 and he has not supported the prosecution case. Learned counsel submitted that in view of the available materials on record, the progress of trial and the period of detention of the petitioner in judicial custody, the bail application may be favourably considered. Deposition copies filed by the learned counsel for the petitioner are taken on record.

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Learned counsel for the State after going through the evidence adduced during trial so also from the case diary does not dispute that there are no eye witnesses to the occurrence.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of evidence adduced so far in the trial, absence of any direct evidence and the period of detention of the petitioner in judicial custody, I am inclined to release

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Page 2 of 3

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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/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules

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Sipun

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( S.K. Sahoo)
Judge

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Angad Das@ Sanjay Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Angad Das@ Sanjay Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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