Boita Das vs State Of Odisha

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 Bari Ramachandrapur P.S. Case No. 302 of 2022 corresponding to C.T. Case No. 2152 of 2022 pending in the Court of learned SDJM, Jajpur for commission of offence punishable Under Sections 460/396/412 of IPC, on the allegation of committing murder with dacoity.

In the course of hearing of the bail application, Mr.A.R.Panda, learned counsel for the Petitioner submits that although the Petitioner was alleged to have committed the offence, but the present Petitioner was neither identified in T.I. Parade nor had assaulted the deceased, rather all the allegation of assault on the deceased is directed against co-accused who was identified in T.I. Parade and the present Petitioner having detained in custody since 01.11.2022, may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, however, strongly opposes the bail application of the Petitioner and he, inter-alia submits that the present Petitioner is a habitual offender and there are three criminal antecedents reported against the present Petitioner. Additionally, learned AGA also submits that although the present Petitioner was not being identified in T.I. Parade, but he had given recovery of Lathi with which co-accused had assaulted the deceased. On these grounds, learned AGA prays to reject 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 strength of supporting materials available on record and regard being had to the allegation of committing dacoity with murder in the house of the Informant and taking into account the pendency of three criminal antecedents reported against the present Petitioner, out of such criminal antecedents, one is for committing dacoity, this Court is not inclined to grant bail to the Petitioner at this stage.

Hence, the bail application of the Petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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