Chandan Gochhayat Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

Chandan Gochhayat Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2024)

What the court decided

AI extract

Outcome

Release on bail in S.T. Case No.18 of 2021 on terms and conditions deemed just and proper by the Court in seisin, with the four imposed conditions (trial-date attendance; Monday reporting at IIC Dhamnagar P.S. 10 am-02 pm; no criminal activity; no leaving the Court's jurisdiction without permission); violation of any condition to entail cancellation of bail.

Issue for consideration

Whether the prayer for grant of bail to the Petitioner (in custody since 01.11.2020, trial unconcluded, co-accused already on bail) should be reconsidered and granted on such terms and conditions as deemed just and proper.

Court's answer

Taking into account the submissions, the prosecution material against the Petitioner, the release of the co-accused on bail, and the period of detention, the Court inclined to reconsider the bail prayer and directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case, with further conditions.

Ratio / Principle

Bail is subject to conditions: (i) personal appearance before the Court in seisin on each date of posting till conclusion of trial (¶22); (ii) appearance before the IIC, Dhamnagar P.S. every Monday between 10 am to 02 pm till conclusion of trial; (iii) no indulgence in criminal activity; (iv) no leaving the jurisdiction of the Court in seisin without prior permission; violation of any condition(s) shall entail cancellation of bail (¶26-27).

Detailed headnote1 paragraphs

Bail granted (conditional) — Chandan Gochhayat, BLAPL No.811 of 2024, High Court of Orissa at Cuttack, Justice D. Dash, order dated 01.03.2024. Successive application under S.439 Cr.P.C. by a petitioner in custody since 01.11.2020 in S.T. Case No.18 of 2021 (arising out of Dhamnagar P.S. Case No.241 of 2020, corresponding to G.R. Case No.435 of 2020, Sessions Judge, Bhadrak) for alleged commission of offence under S.302/34 I.P.C. With the trial not yet completed and the co-accused who allegedly acted with him already on bail since long, the Court reconsidered and directed release on bail on terms deemed just by the trial court, imposing conditions: attendance in person on every posting date till conclusion of trial; appearance before IIC, Dhamnagar P.S. every Monday (10 am-02 pm) till conclusion of trial; no engagement in criminal activity; and no leaving the Court's jurisdiction without prior permission; violation of any condition shall entail cancellation of bail. BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL NO.811 OF 2024

Chandan Gochhayat …. Petitioner Mr. S.K. Dwibedi, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. G.N. Rout, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER 01.03.2024

Order No.

This matter is taken up through hybrids arrangement (virtual/ physical) mode.

This the successive journey of this Petitioner who is in custody in connection with S.T. Case No.18 of 2021 arising out of Dhamnagar P.S. Case No.241 of 2020 corresponding to G.R. Case No.435 of 2020 on the file of learned Sessions Judge, Bhadrak running for alleged commission of offence under Section-302/34 of the I.P.C., in filing this application under Section-439 of the Cr.P.C. for his release on bail.

Learned counsel for the Petitioner submits that this Petitioner and accused Basanta Kumar Bhutia being said as the friends of accused Santosh have been arraigned in the case basing upon the statement of the witnesses that they had joined four brothers, namely, Santosh, Bhalia, Kalia and Prafulla, who had the reason to chase the deceased in view of their long standing enmity and assaulted the deceased in causing his

Page 1 of 3

// 2 //

death. He further submits that although the Petitioner has been in custody in connection with the above noted case since 01.11.2020, the trial has not yet been completed. It is further submitted that co-accused who is said to have gone with the Petitioner and played his role in the incident is on bail since long. In view of all these above, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence does not arise; he urges for reconsideration of the prayer for grant of bail to the Petitioner on such terms and conditions as deemed just and proper.

Learned counsel for the State opposes the move citing the role of the Petitioner as stated by the prosecution witnesses to have been so played in the incident. He however does not dispute the position that this Petitioner being in custody since 01.11.2020, the trial is yet to conclude.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the factum of release of co-accused person on bail with other surrounding circumstances including the period of detention of the Petitioner in custody; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that:-

Page 2 of 3

// 3 //

petitioner will appear in person before the Court in seisin of the case on each date of posting of the case till conclusion of the trial;

will appear before the IIC, Dhamnagar P.S. on every Monday in between 10 am to 02 pm till conclusion of the trial;

will not indulge himself in any criminal activity; and

will not leave the jurisdiction of the Court in seisin of the case without prior permission.

Violation of any of the condition(s) shall entail

cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Himansu

Signature Not Verified

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 04-Mar-2024 13:19:19

Page 3 of 3