Prem Kumar Agarwal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Prem Kumar Agarwal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Bail granted: petitioner directed to be released on bail on furnishing bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to conditions (no criminal activity, appearance before the trial Court, no tampering with prosecution witnesses), failing which bail shall be cancelled; the BLAPL was disposed of accordingly.

Issue for consideration

Whether the petitioner, in judicial custody since 14.03.2021 in S.T. Case No.16/11 of 2022 (Plant Site P.S. Case No. 44 of 2021) and in his third successive bail application under S.439 Cr.P.C., should be released on bail, having regard to the evidence adduced in the trial Court, the pending S.311 Cr.P.C. recall application, and the release of co-accused Dillip Kumar Sharma.

Court's answer

Considering the submissions of counsel, the nature of evidence adduced so far in the trial Court, the period of detention in judicial custody, and the release of the co-accused on bail, the Court was inclined to reconsider the prayer for bail and directed that the petitioner be released on bail.

Ratio / Principle

The petitioner is to be released on bail in the aforesaid case on furnishing a 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 such other terms and conditions as that Court may deem just and proper.

Key takeaways

Bail is subject to the conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court as and when the case is posted for trial, and shall not tamper with the prosecution witnesses; violation of any condition shall entail cancellation of bail.ratio¶26

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (S.K. Sahoo, J.), Order dated 23.02.2024 in BLAPL No.14538 of 2023, Prem Kumar Agarwal v. State of Odisha — Third successive application under S.439 Cr.P.C. for bail in Plant Site P.S. Case No. 44 of 2021 corresponding to S.T. Case No.16/11 of 2022, pending before the learned 2nd Addl. Sessions Judge, Rourkela, for alleged offences under Ss.302/120-B/34 IPC read with Ss.25 and 27 of the Arms Act. Petitioner in judicial custody since 14.03.2021; prosecution evidence recorded, with a S.311 Cr.P.C. application pending to recall an investigating officer; co-accused Dillip Kumar Sharma, similarly situated, already released on bail by order dated 19.12.2023 in BLAPL No.3448 of 2023, a parity the State counsel conceded after verifying the depositions. Held: bail granted on a bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to conditions that the petitioner shall not indulge in criminal activities, shall appear before the trial Court when posted, and shall not tamper with prosecution witnesses; violation to entail cancellation. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.14538 of 2023

Prem Kumar Agarwal

…. Mr. S.C. Mohapatra, Sr. Advocate

Petitioner

-versus-

State of Odisha

…. Opp. Party

Mr. Arupananda Das Addl. Govt. Advocate

CORAM: JUSTICE S.K. SAHOO

Order No.

ORDER 23.02.2024

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

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

This is an application for bail under section 439 of Cr.P.C. in connection with Plant Site P.S. Case No. 44 of 2021 corresponding to S.T. Case No.16/11 of 2022 pending in the file of learned 2^nd Addl. Sessions Judge, Rourkela for alleged commission of offences under sections 302/120-B/34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

This is the 3^rd successive bail application of the petitioner.

Learned Sr. Advocate appearing for the petitioner submits that the petitioner is judicial custody since 14.03.2021 and there is no direct evidence in this case

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and the case is based on circumstantial evidence and the main material against the petitioner is the previous land dispute with the deceased. Learned counsel further submits that recording of evidence of the prosecution witnesses have been completed. However, an application has been filed under section 311 of Cr.P.C. to recall one of the investigating officers for further examination by the prosecution. Learned further submitted that similarly situated co-accused Dillip Kumar Sharma has been released on bail as per order dated 19.12.2023 in BLAPL No.3448 of 2023, and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State was earlier supplied with the deposition copies of the witnesses and after verification of the same, he fairly submits that the petitioner is similarly situated like the co-accused Dillip Kumar Sharma.

Considering the submissions made by the learned counsel for the respective parties, nature of evidence adduced so far in the learned trial Court, the period of detention of the petitioner in judicial custody and release of the co-accused on bail, I am inclined to reconsider the prayer for bail and accordingly, the petitioner is directed to be released 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 of the learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the

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conditions that the petitioner shall not indulge in any criminal activities, shall appear before the learned trial Court as and when the case would be posted for trial and shall not try to tamper with the prosecution witnesses. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

M.K.Rout/Amit

Signature Not Verified

Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 26-Feb-2024 10:59:07

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