Sarat Padhan Vs State of Odisha

3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 05.04.2025 has rejected the bail application of the petitioner.

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Being aggrieved, the petitioner has filed the present petition under

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Section 439 Cr.P.C. praying for enlargement on bail.

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4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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5. The prosecution case in short is that, on 21.11.2024, the informant being the father of the deceased lodged an F.I.R. inter alia alleging therein that his son had business partnership with the present petitioner. It is alleged that on 20.11.2024, the accusedpetitioner took his son in the evening by a Bajaj Caliber Motor Cycle but his son did not return home. When he was going to petitioner’s house to know whereabout of his son, he found his son was lying dead besides a paddy field. Hence, this case.

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6. The petitioner is in custody since 21.11.2024. After investigation, charge-sheet has been filed on 30.01.2025. In the present case, there is no direct evidence against the petitioner. The petitioner has been implicated in the present case on the basis of circumstantial evidence i.e. he was lastly seen in the company of the deceased preceding the recovery of the dead body. The dead body of the deceased was found in a paddy field along with bike and helmet. The post-mortem report indicates as under:-

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“1. Q- Whether the injuries inflected in the body of the deceased is homicide or accidental in nature?

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A- The above said injury could be due to accident but the final opinion is to be made on the basis of circumstantial evidence.

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Whether internal injury present or not? A- Yes, a hemorrhage was found over the temporal region of brain and it is possible through helmet.

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Whether any mud or foreign particles entrapped in trachea of deceased.

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A- No foreign body or mud found in the trachea of deceased.”

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The medical evidence indicates that the death of the deceased mighty have caused due to accident.

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7. Learned counsel for the Stated opposed the prayer for bail

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on the ground that the allegations are serious and although the petitioner is in custody since 21.11.2024, however, trial has yet been commenced.

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8. Regard being had to the nature of allegation, period of custody and the fact that the death of the deceased prima facie from the evidence appears to be an accidental one, I am inclined to enlarge the petitioner on bail.

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Hence, the petitioner is directed to be released on bail by

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the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:-

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(i) The petitioner shall not leave the jurisdiction of the trial

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Court till disposal of the trial.

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(ii) He shall appear before the trial Court on each date on

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which the case is posted for trial, and

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(iii) He shall not tamper with the evidence in any manner whatsoever.

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(iv) He shall not involve in any kind of similar offences.

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Violation of any of the conditions shall entail consideration

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for cancellation of the bail granted to the petitioner. In the event,

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any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before

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the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.

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9. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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Swarna

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Signature Not Verified

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Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 14-May-2025 11:41:27

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Sarat Padhan v. State of Odisha

Case brief

What is this about?

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Sarat Padhan v. State of Odisha

Case brief

What is this about?

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