Allowed

Rajesh Chahataray @ Chhotray v. State of Odisha

Orissa HC5 Apr 2024BLAPL/11075/2023

Case brief

AI extract

What is this about?

In a bail application under section 439 Cr.P.C., the High Court of Orissa granted bail to the petitioner accused of murder and rioting. The court noted the absence of specific overt acts attributed to him and that similarly situated co-accused had been released.

What did the court decide?

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

Rajesh Chahataray @ Chhotray Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.11075 of 2023

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Rajesh Chahataray @ Chhotray

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.....

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Petitioner

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Represented By Adv. – Mr. P. K. Mohapatra

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-versus-

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State Of Odisha

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.....

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Opp. Party

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Represented By Adv. – Mr. Rajesh Tripathy Addl. Standing Counsel

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CORAM:

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THE HON'BLE MR. JUSTICE S.K.SAHOO

ORDER

Order No.

05.04.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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Learned counsel for the petitioner has filed the comprehensive affidavit, which is taken on record.

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This is an application under section 439 of Cr.P.C. in connection with Jankia P.S. Case No.59 of 2017 corresponding to G.R. Case No.320(A) of 2017 pending in the Court of learned J.M.F.C. (Cognizance Taking), Khurda for offences punishable under sections 147/ 148/ 302/ 120(B)/ 149 of the Indian Penal Code.

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Learned counsel for the petitioner submits that the petitioner was taken into judicial custody on 07.09.2023 and he has been chargesheeted under sections 147/ 148/ 302/ 120(B)/ 149 of the

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Indian Penal Code and some co-accused persons have been released on bail and the petitioner, who was shown as the absconder in the chargesheet, was residing at Bangalore. Learned counsel further submits that the eye-witness account of one Subash Chandra Dalasinghray indicates that the allegations are omnibus in nature and since similarly situated co-accused persons have been enlarged on bail, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has placed the eye-witness statement.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any specific overt act attributed against the petitioner in the assault of the deceased Chitrasena Jena and since similarly situated co-accused persons have been granted bail, I am inclined to release 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.50,000.00 (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 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.

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Violation of any of the 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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Judge Signature Not VerifiedM.K.Rout

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Digitally Signed Signed by: MANOJ KUMAR ROUT Reason: Authentication Location: Orissa High Court Date: 06-Apr-2024 16:31:17

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Rajesh Chahataray @ Chhotray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajesh Chahataray @ Chhotray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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