Ashutosh Behera vs State Of Odisha

S. K. Panigrahi, J

This matter is taken up by video conferencing mode.

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

 3. The petitioner is in custody in connection with Lephripada PS case No. 80 of 2020 corresponding to GR Case No. 677 of 2020, pending in the

court of the learned SDJM, Sundargarh, registered for the alleged commission of offence under Section 302 of the IPC, has filed this application under

Section 439 of CrPC for his release on bail.

 4. The prosecution allegation, in short, is that on 25.05.2020, police received an information regarding a dead body of one Karan @ Sunil Majhi and

enquired into the matter. Police conducted inquest over the dead body of the deceased at the spot in the presence of witness. There were Multiple

abrasion injuries detected on the neck and bleeding injuries on the left eye of the deceased during inquest. The dead body was sent for post mortem.

Hence, the FIR.

Learned counsel for the petitioner submits that the informant is the police and the petitioner has not been named in the FIR. There was family

dispute between them and due to such dispute, the petitioner has been entangled in this case. He further contends that though there is allegation of

assault on the deceased but as per the post-mortem report, there is no injury on the deceased and there was no assault on the vital part of the body of

the deceased. There is no eye-witness to the occurrence. The petitioner is similarly placed with the co-accused who has already been released on bail

vide order dated 11.06.2021 in BLAPL No. 3920 of 2021 passed by this Court. The petitioner has been in custody since 20. 01.2021.

Learned counsel for the State though vehemently opposes the bail prayer of the petitioner, concedes that the present petitioner is similarly placed

with the co-accused who has already been released on bail vide order dated 11.06.2021 in BLAPL No. 3920 of 2021 passed by this Court.

Considering the submissions made, facts and circumstances of the case and, it is directed that the petitioner be released on bail in the aforesaid case

with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with conditions that:-

i) the petitioner shall appear before the trial court on each date of posting of case;

ii) he shall not threaten or coerce the informant in any manner and

iii) he shall not tamper with the prosecution evidence in any manner.

Violation of any of the conditions shall entail cancellation of the bail.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4798, dated 15th April, 2021.