Allowed

Gagan Chandra Barik @ Raja v. State of Odisha

Orissa HC4 Jul 2024BLAPL/6103/2024

Case brief

AI extract

What is this about?

Bail application under Section 439 Cr.P.C. for murder accused; court noted autopsy attributed death to myocardial infarction, pre-trial detention since 07.12.2023, charge-sheet filed, and release of co-accused on bail, and admitted petitioners to bail on conditions.

What did the court decide?

Petitioners released on bail on Rs.1,00,000 bonds each with two solvent sureties, subject to attendance, travel-restriction and conduct conditions.

Gagan Chandra Barik @ Raja Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6103 of 2024

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Gagan Chandra Barik @ Raja … Petitioners and another

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Mr. A.R. Panda, Advocate

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-versus-

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State of Odisha

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… Opposite Party Mr. S. Nayak, ASC

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CORAM: JUSTICE G. SATAPATHY

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ORDER(ORAL) 04.07.2024

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Order No. 01.

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.439 of Cr.P.C. by the petitioners 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. Amulya Ratna Panda, learned counsel for the petitioners and Mr. S. Nayak, learned ASC in the present matter and perused the record. It is apprised by learned counsel for the petitioners that no bail application of the petitioners 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 petitioners and regard being had to the pre trial detention of the petitioners in custody since 07.12.2023 with submission of charge-sheet 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 petitioners to bail.

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Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.1,00,000/- (Rupees One Lakh) each with two solvent sureties 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 petitioners shall not commit any offence while on bail,

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(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in

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accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law and

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(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their 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 petitioners 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 petitioners 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 15:17:17

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Gagan Chandra Barik @ Raja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gagan Chandra Barik @ Raja v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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