This court granted bail to the petitioner in a murder case wherein absence of direct evidence and reliance on circumstantial evidence were highlighted, allowing release against a bond of Rs. 50,000 with sureties.
Petitioner released on bail with bond of Rs.50,000 and two local solvent sureties each for the like amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3703 of 2022
Minji @ Mami Nayak
…. Petitioner
Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha
Opp. Party
Mr. Manoranjan Mishra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO ORDER Order No. 02.05.2023 05. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.
Order No.
This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.131 of 2021 arising out of Khurda Sadar P.S. Case No.109 of 2021 pending in the Court of learned 2nd Additional Sessions Judge, Khurda for offence punishable under section 302/34 of the Indian Penal Code.
The petitioner moved an application for bail before the Court of learned 2nd Additional Sessions Judge, Khurda, which was rejected on 07.04.2022.
Learned counsel for the petitioner submitted that
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the petitioner is in judicial custody since 07.08.2021 and she has been charge sheeted under section 302/34 of the Indian Penal Code. He further submitted that the occurrence in question took place in the intervening night of 04.08.2021 and 05.08.2021 and there are no eye witnesses to the commission of murder of the deceased Raula Nayak and the case is based on circumstantial evidence and there is no clinching circumstance available on record against the petitioner and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State submitted that the name of the petitioner finds place in the confessional statement of co-accused Pratap Nayak, which was recorded under section 27 of the Evidence Act.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any direct evidence, nature of circumstantial evidence on record, keeping in view the proviso to section 437(1) of Cr.P.C. and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.
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 for the Court
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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 date to which the case would be posted for trial.
Violation of any of the conditions shall entail cancellation of bail.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo)
Judge
RABINDRA Digitally signed by
RABINDRA KUMAR
KUMAR MISHRA
Date: 2023.05.05
MISHRA 11:44:42 +05'30'
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1 issue framed by the court
Whether the petitioner should be released on bail in a murder case pending in the Sessions Court.
1 provisions across 1 enactments
Minji @ Mami Nayak
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
