Balia @ Balaram Sahu vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Berhampur Sadar P.S. Case No. 95 of 2022 corresponding to G.R. Case No. 413 of 2022 pending in the file of learned Additional Sessions Judge (LR & LTV), Berhampur for commission of offences punishable Under Sections 449/394/302/201 of IPC, on the main allegation of committing murder of the deceased.

In the course of hearing of the bail application, Mr. J. Sahoo, learned counsel for the Petitioner submits that the sole incriminating material available against the Petitioner is his own confession and the Petitioner having detained in custody since 28.02.2022, may kindly be granted bail.

On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the Petitioner. It is relevant to note here that the learned counsel for the Petitioner has also filed photo copy of the certified copy of the depositions of 15 witnesses.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the nature and strength of the supporting materials available on record and on going through the copy of depositions of the witnesses more particularly, the evidence of PW5, this Court is not inclined to grant bail to the Petitioner, when the trial is going on.

Hence, the bail application of the petitioner stands rejected. It is stated at the Bar that the post of Presiding Officer of the learned trial Court is lying vacant and if that be so, the learned District and Sessions Judge is requested to do the needful for resumption of the trial in this case by obtaining necessary permission.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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