Allowed

Adu Khilla v. State of Odisha

Orissa HC23 Feb 2024BLAPL/490/2024

Case brief

AI extract

What is this about?

This Bail Application was filed challenging the rejection of bail by the Sessions Judge in a murder case involving Sections 302/323/34 IPC. The petitioner sought release on parity with a co-accused released earlier. The High Court directed the release of the petitioner on bail with conditions regarding appearance and verification of antecedents.

What did the court decide?

Petitioner directed to be released on bail with conditions of monthly appearance and verification of criminal antecedents by the lower court.

Adu Khilla 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. 490 of 2024

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Adu Khilla

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Petitioner

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Mr. A.P. Bose, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

23.02.2024

1. Heard learned Senior Counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with G.R. Case No.702 of 2023 pending in the Court of learned S.D.J.M., Jeypore, arising out of Baipariguda P.S. Case No.145 of 2023 for commission of offence alleged under Sections 302/323/34 of IPC. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Koraput-Jeypore by order dated 09.01.2024 in the aforementioned case, the present BLAPL has been filed.

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The allegation against the Petitioner is that he along with the co-accused caused death of one (Mahadev Khara) and the wife of the deceased is the informant.

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Page 1 of 3

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It is submitted by the learned counsel that the Petitioner is in custody since 30.07.2023 and since charge sheet has been filed on 01.09.2023, his further continuance in custody is unwarranted.

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It is submitted by the learned counsel that since the coaccused has been released on bail by this Court by order dated 14.12.2023 in BLAPL No.12422 of 2023 and since prima facie the Petitioner is at all fours with the co-accused, on the ground of parity, the Petitioner may be released on bail.

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Learned counsel for the State opposes the prayer for bail and submits that the assault was in a conjoint manner and the accused persons even did not spare the wife of the deceased who tried to save her husband and she was also injured and submits that merely because the fatal blow is not attributed to the Petitioner, the manner in which the offence has been committed since charge sheet is inter alia under Section 34 of IPC, the same ought to weigh with this Court in not considering the bail application.

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On perusal of the record, it is seen that the present Petitioner is more or less similarly placed with the co-accused who has since been released.

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Considering the same, 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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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

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Before releasing, learned Court in seisin is requested to verify criminal antecedent of the Petitioner. If it comes to the fore

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Page 2 of 3

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that the Petitioner has any criminal antecedent, this order shall not be given effect to.

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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

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rules.

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(V. NARASINGH)

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Ayesha Judge

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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: 23-Feb-2024 20:18:26

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Page 3 of 3

Adu Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

Adu Khilla v. State of Odisha

Case brief

What is this about?

What did the court decide?

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