Biswanath @ Bishu Jena vs State Of Orissa

G. Satapathy, J

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

This is an successive bail application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Ghasipura P.S. Case No. 176 of 2022 corresponding to S.T. Case No. 60 of 2022 pending in the file of learned Addl. Sessions Judge, Anandapur for commission of offence punishable U/Ss. 302/34 of the IPC, on the allegation of committing murder of the deceased Hrusikesh Mallick.

In the course of hearing of the bail application, Mr.L.Bhuyan, learned counsel for the Petitioner submits that although five witnesses have already been examined in this case, but none of them has ever implicated the present petitioner for murder of the deceased and the petitioner having detained in custody since 04.07.2022 may kindly be granted bail.

On the other hand, Mr. S.R. Roul, learned ASC, however, strongly opposes the bail application of the petitioner.

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 circumstance of the commission of crime and regard being had to the allegation against the petitioner for being last seen with the deceased and giving recovery of weapon of offence pursuant to disclosure statement and taking into account the commencement of trial and all the material witnesses being yet to be examined in this case, this Court is not inclined to grant bail to the present petitioner at this stage.

Hence, the bail application of the Petitioner stands rejected. In view of the submissions of the learned counsel, the petitioner may renew his prayer for bail after examination of the witnesses to the last seen and recovery of weapon of offence.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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