Allowed

Rahul Behera v. State of Odisha

Orissa HC7 Jul 2023BLAPL/2675/2023

Case brief

AI extract

What is this about?

In this bail application regarding a murder charge, the High Court of Orissa directed the release of the petitioner on bail. The court was persuaded by the nature of circumstantial evidence, the commencement of the trial, and the length of custody, granting bail upon furnishing a bond and sureties, subject to conditions.

What did the court decide?

The petitioner was directed to be released on bail upon furnishing a bail bond of Rs.50,000 with two local solvent sureties for the like amount.

Rahul 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.2675 of 2023

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Rahul Behera

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Petitioner

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Mr. S. Das, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr P.B. Tripathy Addl. Standing Counsel

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CORAM:

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Order No.

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JUSTICE S.K. SAHOO ORDER 07.07.2023

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This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioner seeks permission to correct the P.S. Case number in the cause title. Permission is granted.

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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 C.T. Case No.61/52 of 2020-21 arising out of Barpali P.S. Case No.300 of 2019 pending in the Court of learned Additional Sessions Judge, Bargarh for offence punishable under section 302 of the Indian Penal Code.

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The petitioner moved an application for bail

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// 2 //

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before the Court of learned Additional Sessions Judge, Bargarh (I/c), which was rejected on 09.02.2023.

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Learned counsel for the petitioner submitted that this is the third successive bail application of the petitioner and the petitioner is in judicial custody since 17.12.2019 and it is a case based on circumstantial evidence and in the meantime, trial has commenced and fourteen witnesses have been examined in the trial Court and there is no clinching material available on record against the petitioner and therefore, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State while not disputing the submission of the learned counsel for the petitioner that it is a case based on circumstantial evidence but placed the evidence of P.W.14 Santoshini Pardhia, who is the sister of the deceased and stated that the petitioner called the deceased Prashanta on 12.12.2019 at about 4.00 to 4.30 p.m. and took him in a scooty, which was driven by the deceased and thereafter, he did not return back and on 15.12.2019, she could found the dead body of the deceased in Bargarh hospital.

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Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court and taking into account the period of detention of the

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petitioner in judicial custody, 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 petitioner 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. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. ( S.K. Sahoo) Judge

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 07-Jul-2023 19:01:38

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Rahul Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rahul Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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