Disposed¶30

Deepak Yadav v. State of Odisha

Orissa HC2 May 2025BLAPL/2847/2025

Case brief

AI extract

What is this about?

Interim bail granted for one month despite refusal of regular bail in murder case (Sections 302/34 IPC); accused in custody since 20.05.2023; charge-sheet filed; C.T. (Sessions) Case No.108 of 2023 / Brajrajnagar P.S. Case No.118 of 2023, Additional Sessions Judge, Jharsuguda; gravity of offence and punishment prescribed weighed against bail; long detention considered; surrender condition on completion of interim bail period; violation entails cancellation; High Court of Orissa, Dr. Justice S.K. Panigrahi, order dated 02.05.2025.

What did the court decide?

Interim bail for one month from the date of actual release from custody, on terms and conditions deemed just and proper by the court in seisin, with mandatory surrender on or before completion of the interim bail period; regular bail refused. Violation of conditions entails cancellation.

Deepak Yadav Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, in custody in connection with C.T. (Sessions) Case No.108 of 2023 (alleged offences under Sections 302/34 IPC), should be enlarged on bail.

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Court's answer

Having regard to the facts and submissions, gravity of the offences and the punishment prescribed, the Court held that the Petitioner does not deserve to be released on (regular) bail.

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Ratio / Principle

Considering the long detention of the Petitioner, the Court granted interim bail for a period of one month from the date of his actual release from custody.

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Key takeaways

Release on interim bail is directed on such terms and conditions as deemed just and proper by the court in seisin, with a further condition that the Petitioner shall surrender before that court on or before the exact date of completion of the interim bail period.ratio¶28
Violation of any of the conditions shall entail cancellation of the interim bail granted to the Petitioner.ratio¶29

Detailed headnote1 paragraphs

Bail application (BLAPL No.2847 of 2025) by Deepak Yadav, in custody since 20.05.2023 in C.T. (Sessions) Case No.108 of 2023 arising out of Brajrajnagar P.S. Case No.118 of 2023 (FIR No.118 dated 17.05.2023, Brajrajnagar P.S.), pending before the Additional Sessions Judge, Jharsuguda, for alleged offences under Sections 302/34 IPC; charge-sheet filed. The High Court of Orissa (Dr. Justice S.K. Panigrahi), noting the gravity of the offences and the punishment prescribed, declined regular bail but, considering the Petitioner's long detention, granted interim bail for one month from the date of actual release, on conditions to be fixed by the trial court, with a further condition of surrender on or before the exact date of completion of the interim bail period; violation of any condition to entail cancellation. BLAPL disposed of (order dated 02.05.2025).

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2847 of 2025

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Deepak Yadav

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…. Petitioner (s)

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Ms. Diptirekha Nanda, Adv. -versus-

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State of Odisha

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…. Opposite Party(s) Ms. Jyoshnamayee Sahoo, ASC

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CORAM:

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DR.JUSTICE S.K. PANIGRAHI

Order No. ORDER

01.

02.05.2025

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
118	17.05.2023	Brajrajnagar	C.T. (Sessions) Case No.108 of 2023, arising out of Brajrajnagar P.S. Case No.118 of 2023, pending in the court of learned Additional Sessions Judge, Jharsuguda.	Sections 302/ 34 of the I.P.C.

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Page 1 of 4

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 03-May-2025 11:15:18

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1. This matter is taken up through hybrid arrangement.

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2. Heard learned counsel for the Petitioner and learned counsel for the State.

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3. The Petitioner being in custody in connection with C.T. (Sessions) Case No.108 of 2023, arising out of Brajrajnagar P.S. Case No.118 of 2023, pending in the court of learned Additional Sessions Judge, Jharsuguda, registered for the alleged commission of offences under Sections 302/ 34 of the I.P.C., has filed this petition for his release on bail.

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4. The prosecution case in brief is that the husband of the informant was working as a Truck Driver of Birendra Yadav since last four years. Birendra Yadav was not paying his wages in time. When the husband of the Petitioner asked for payment, said Birendra Yadav and his son Deepak Yadav (the Petitioner) paid only two to three thousand rupees and assaulted him. On 16.05.2023 at about 11.30 A.M. Deepak Yadav had taken the informant’s husband saying that there was loading work. On 17.05.2023 at about 2.00 P.M. the Petitioner and one Asish brought her husband by a motorcycle in serious condition and left him outside the house. When the informant asked about the matter, the Petitioner told that her husband was under the influence of liquor and fled. On being asked in presence of her mother-in-law and son, her husband said that Deepak and Birendra had assaulted him. After some time, the condition of

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Page 2 of 4

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 03-May-2025 11:15:18

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her husband became critical. Hence, they shifted him to the hospital where the doctor declared him dead. The informant also alleged that Birendra Yadav, Deepak Yadav and others committed murder of her husband by assaulting him. Hence, this case.

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5. Learned counsel for the Petitioner submits that the Petitioner is no way connected with the crime. The Petitioner had neither called the deceased on 16.05.2023 nor did he drop him back home in serious condition on 17.05.2023. However, during the course of investigation, the Petitioner was apprehended on the basis of the statement of the informant, wife of the deceased. He further submits that the Petitioner is in custody since 20.05.2023. Charge-sheet has been filed in this case. Hence, she submits that the Petitioner may be enlarged on bail.

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6. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

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7. Regard being had to the facts and submissions made, gravity of offences and punishment prescribed for the offences, this Court is of the view that the Petitioner does not deserve to be released on bail. However, considering the long detention of the Petitioner, this Court is inclined to grant interim bail to the Petitioner for a period of one month from the date of his actual release from custody. Accordingly, it is directed that the Petitioner be released on interim bail for a period of one month

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Page 3 of 4

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Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 03-May-2025 11:15:18

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from the date of his release on interim bail by the court in seisin over the matter in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin over the matter. There shall be further condition that the Petitioner shall surrender before the court in seisin over the matter on or before the exact date of completion of the interim bail period.

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8. Violation of any of the conditions shall entail cancellation of the interim bail granted to the Petitioner.

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9. Accordingly, this BLAPL is disposed of.

Judge

B. Jhankar

Page 4 of 4

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 03-May-2025 11:15:18

Deepak Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

Deepak Yadav v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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