Adil Mahammed vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.12 of 2020 arising out of Titilagarh P.S. Case No.219 of 2020 pending in the Court of learned Additional Sessions Judge, Titilagarh for offences punishable under sections 302/201/ 120-B/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Titilagarh, which was rejected on 11.02.2022.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 07.07.2020 and he has been charge sheeted under sections 302/201/120-B/34 of the Indian Penal Code. He further submitted that the occurrence in question took place on 02.07.2020 and the first information report was lodged on the very day against unknown person by one Rahita Rana, the nephew of the deceased Garju Rana. It is argued that the last bail application of the petitioner in BLAPL No.4780 of 2021 was rejected as per order dated 29.11.2021, however, in the meantime, the eye witness to the occurrence, namely, Nepal Rana has been examined as P.W.8 in the trial Court and he has not supported the prosecution case. It is further argued that by now, sixteen witnesses have already been examined in the trial Court and no clinching evidence has come out against the petitioner and in view of the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably reconsidered.

Learned counsel for the State opposed the prayer for bail and placed the evidence of one Sunita Rana, who has been examined as P.W.1 in the trial Court.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court and the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial and he shall not indulge in any criminal activities in any manner.

Violation of any terms and conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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