Santosh Dalai @ Babula Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Santosh Dalai @ Babula Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with Baliapal P.S. Case No.225 of 2019 corresponding to S.T. Case No.220 of 2021, on terms and conditions to be fixed by the learned 3rd Addl. Sessions Judge, Balasore or the court in seisin, including conditions against witness dissuasion/tampering and attendance on every trial date; the BLAPL stands disposed of.

Issue for consideration

Whether the petitioner, facing charges under Ss.147/148/302/307/323/324/325/326/294/506/149 IPC and S.25/27 Arms Act, who has been in custody since 15 October 2019 with the trial incomplete (only five of 41 witnesses examined), should be released on bail under Sec.439 Cr.P.C.

Court's answer

Taking into account the petitioner's long detention in custody, the unusual delay in completion of the trial, and the principles decided in Javed Gulam Nabi Shaikh (2024 SCC OnLine SC 1693) and Manish Sisodia (2024 SCC OnLine SC 1920), the petitioner is directed to be released on bail in connection with Baliapal P.S. Case No.225 of 2019 / S.T. Case No.220 of 2021.

Ratio / Principle

The release is on terms and conditions to be fixed by the learned 3rd Addl. Sessions Judge, Balasore or the court in seisin, including that the petitioner shall not dissuade or induce any witness or tamper with evidence, and shall attend the trial court on each date fixed.

Detailed headnote1 paragraphs

Bail granted (S.439 Cr.P.C.) - offences alleged under Ss.147/148/302/307/323/324/325/326/294/506/149 IPC and S.25/27 Arms Act (Baliapal P.S. Case No.225 of 2019 / S.T. Case No.220 of 2021) - petitioner in custody since 15.10.2019 and trial yet to complete, with only five of 41 charge-sheeted witnesses examined as confirmed by Trial Court letter dated 02.09.2024 - release on bail directed keeping in view the long detention, unusual delay in completion of trial, and the principles in Javed Gulam Nabi Shaikh, 2024 SCC OnLine SC 1693 and Manish Sisodia, 2024 SCC OnLine SC 1920 - terms and conditions, including bar on witness dissuasion/tampering and attendance on each trial date, to be fixed by learned 3rd Addl. Sessions Judge, Balasore.

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Sep-2024 15:16:31

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1608 of 2024

Santosh Dalai @ Babula …. Petitioner Mr. B.K.Das, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. S.Rath, A.S.C.

CORAM: JUSTICE B. P. ROUTRAY

ORDER 10.09.2024

Order No.

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.147/ 148/ 302/ 307/ 323/ 324/ 325/ 326/ 294/ 506/ 149, I.P.C and Section 25/27 of the Arms Act.

Heard Mr. Das, learned counsel for the Petitioner as well as Mr. Rath, learned A.S.C. for the State-Opposite Party.

It is submitted that the Petitioner is inside custody since 15^th October 2019 and the trial is yet to complete. It is further submitted that only five witnesses have been examined till date. It is further submitted that, as per the allegations, the Petitioner has dealt only one blow on the deceased by use of thenga.

This Court had earlier called for a report from the Trial Court and learned Trial Judge in his letter dated 2^nd September 2024 has confirmed the fact that only five prosecution witnesses have been examined till date out of 41 charge-sheeted witnesses.

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Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Sep-2024 15:16:31

Thus, keeping in view the long detention of the Petitioner inside custody and unusual delay in completion of the trail and further keeping in view the principles decided in Javed Gulam Nabi Shaikh v. State of Maharashtra and Another, 2024 SCC on-Line SC 1693 and Manish Sisodia v. Directorate of Enforcement , 2024 SCC OnLine SC 1920 , it is directed to release present Petitioner on bail in connection with Baliapal P.S. Case No.225 of 2019 corresponding to S.T. Case No.220 of 2021 on such terms and conditions to be fixed by learned 3^rd Addl. Sessions Judge, Balasore or the court in seisin over the matter as he deems just and proper including the conditions that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence, and shall attend the trial court on each date fixed.

The BLAPL is disposed of.

An urgent certified copy of this order be granted on proper application.

( B.P. Routray)

Judge

S.Das

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