Allowed

Dilip Gouda v. State of Odisha

Orissa HC1 Mar 2024BLAPL/115/2024

Case brief

AI extract

What is this about?

The petitioner sought bail in a murder case after previous applications were rejected or withdrawn. The court noted that a key witness had resiled from her earlier statement. Considering the nature of allegations and the witness's resiled testimony, the court directed the petitioner's release on bail.

What did the court decide?

Petitioner released on bail on terms to be fixed by the Court in seisin.

Dilip Gouda 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. 115 of 2024

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Dilip Gouda

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…. Petitioner

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Mr. G.K. Nayak, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. S. Pattnaik, AGA

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CORAM: JUSTICE V. NARASINGH

Order No.

ORDER 01.03.2024

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

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The petitioner is an accused in connection with S.T. Case No.20 of 2023, pending on the file of the learned Additional Sessions Judge, Bhanjanagar, arising out of Tarsingh P.S. Case No.334 of 2022 , for commission of alleged offences under Sections 302/506/34 of IPC.

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Learned counsel for the Petitioner, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner is pending in any other Court, relating to the aforesaid P.S. Case.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bhanjanagar by order dated 02.01.2024 in the aforementioned case, the present BLAPL has been filed.

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This is the third journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was permitted to be

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withdrawn in BLAPL No.1306 of 2023 by order dated 23.02.2023 giving liberty to move after examination of the wife of the deceased-Subhadra Das.

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Since before examination of the said Subhadra Das, the Petitioner again filed BLAPL No.7187 of 2023 his bail application was rejected by order dated 07.08.2023.

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Relying on the deposition of the wife of the deceasedSubhadra Das as P.W.4 who has resiled, learned counsel for the Petitioner submits that further continuance of the Petitioner in custody is unwarranted.

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Learned counsel for the State opposes the prayer for bail and submits that during currency of the trial the detailed examination of evidence is not permissible.

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Considering the nature of allegations and the evidence of P.W.4 who has resiled, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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It is needless to state here that the observations made herein are only for the purpose of consideration of the bail application of the Petitioner and this ought not to be construed as this Court expressing any opinion regarding his complicity which has to adjudged independently in the impending trial.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per the rules.

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(V. NARASINGH) Ayesha Judge

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Ayesha

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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: 04-Mar-2024 11:25:36

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Dilip Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dilip Gouda v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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