Akshay Barik Vs State of Odisha

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Binjharpur P.S. Case No.442 of 2023 corresponding to C.T. Case No.2784 of 2023 pending in the file of learned S.D.J.M., Jajpur, being charge-sheeted for commission of offences punishable Under Sections 302/34 of IPC, on the allegation of committing murder of the deceased Satendra Dhal.

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Heard, Mr. Prabir Kumar Ray, learned counsel for the petitioner and Mr. B. Mohanty, learned AGA in the present matter and perused the record. It is apprised by learned counsel for the petitioner that no bail application of the petitioner is pending before any other forum except this.

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After having considered the rival submissions and on going through the material placed on record including the post mortem report wherein the cause of the death of the deceased has been opined by the autopsy conducting doctor to be due to myocardial infarction and further taking into account the allegation of push and pull between the deceased and the petitioner and regard being had to the pre trial detention of the petitioner in custody with submission of chargesheet in the meanwhile and taking into account release of co-accused namely Chandrabhanu @ Chandramani Barik on bail in BLAPL No.1295 of 2024, this Court without expressing any opinion on merits of the case admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned

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trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

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(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge

Subhasmita

Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Jul-2024 15:17:16

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Akshay Barik v. State of Odisha

Case brief

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Akshay Barik v. State of Odisha

Case brief

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