Bulu@Suratha Jena vs State Of Orissa

B. P. Routray, J

This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.147/148/294/323/324/326/326-A/307/436/506/149/302, I.P.C.

Heard Mr. N.K. Sahu, learned counsel for the Petitioner, Mr. K. Das, learned A.S.C. for the State-Opposite Party and Mr. S. Mishra, learned counsel for the informant.

The allegations are to the effect that when the injured and deceased persons were guarding the forest in a hut, the accused persons came there assembled and attacked. In the occurrence, two persons died and four persons were injured.

Mr. N.K. Sahu, learned counsel for the Petitioner submits that till date only 12 witnesses are examined out of 33 charge-sheeted witnesses and the Petitioner is inside custody since 17.4.2019. It is further submitted that the dispute arises due to rivalry between two villagers and none of the witnesses have specifically named the present Petitioner in their evidence. Further, two of the co-accused persons, namely, Kalu@Rankanidhi Palei and Bichi@Bichitra Rout have already been released on bail by this Court in BLAPL No.1171 of 2023 and BLAPL No.2073 of 2023 respectively.

Upon hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party and Mr. Mishra, and upon perusal of the evidences of P.W.1 to 12 including the injured-eye witnesses viz.P.W.6 to 8 as well as considering the period of detention of the Petitioner inside custody, it is directed to release the Petitioner on bail in connection with Brahmagiri P.S. Case No.43/2019 corresponding to S.T. Case No.2/3 of 2020 on such terms and conditions to be fixed by learned Addl. Sessions Judge, Puri as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed

The BLAPL is disposed of.

An urgent certified copy of this order be granted on proper application.

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