Rahul Panda @ Rahul Kumar Panda Vs State of Odisha

1 . The petitioner is an accused in connection with Badabazar P.S. Case No.145 of 2023 corresponding to G.R. Case No.907 of 2023 committed to S.T. Case No.270 of 2023 for the offences punishable under Sections 302/394 of the IPC read with Section 27 of the Arms Act pending in the Court of the learned 3^rd Addl. Sessions Judge, Berhampur.

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2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to

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the aforesaid F.I.R.

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3. The prosecution story is that, on 06.05.2023, at about 10.30 P.M., the complainant, Sumitra Choudhury of Berhampur, reported that, on 06.05.2023, at about 8.30 P.M., when she called her husband over the phone, someone informed her that some unknown culprits had brutally assaulted her husband. Then, she reached at the spot and saw that her husband had sustained bleeding injuries after being assaulted by some unknown culprits by means of a sword. After sometime, her husband died. Her husband was wearing some ornaments, which were snatched by the said culprits before they fled from the spot. However, she suspected that her husband was killed due to some family dispute and previous grudge and some unknown culprits along with some antisocial elements committed his murder. Hence, she reported the matter at the Police Station.

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4. It appears from the prosecution story that the petitioner has been arrayed as an accused on the basis of the confessional statement of three principal accused in the present case,those who were apprehended by police. It is alleged against the petitioner that he had been tracking the movements of the deceased and passed the information to the principal accused, who caused the assault, as a result of which, the deceased succumbed to the injuries.

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5. The petitioner had approached the learned 3^rd Addl. District & Sessions Judge, Berhampur in Sessions Trial No.270 of 2023 praying for grant of bail. The learned Court below vide its order dated 18.01.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

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6. The petitioner has been in custody since 16.05.2023. Learned State Counsel submits that except the confessional statement and circumstances, there is no other material available on record. Therefore, I am inclined to enlarge the petitioner on bail.

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7. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:

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(1) The petitioner shall appear before the Court, without fail, on every date of hearing; and

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(2) He shall not influence any of the witnesses related to this case in any manner whatsoever.

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In the event that the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single

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occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit.

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8. The BLAPL is accordingly disposed of.

(S.S. Mishra)

Judge

Subhasis

Signature Not Verified

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Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 14-Aug-2024 17:47:41

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Rahul Panda @ Rahul Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rahul Panda @ Rahul Kumar Panda v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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