Disu Chatar @ Disu Chattar vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with C.T. (Sessions) Case No.36 of 2022 arising out of Tumusinga P.S. Case No.131 of 2021 pending in the Court of learned Additional Sessions Judge, Kamakhyanagar for offences punishable under sections 302/120-B/34 of the Indian Penal Code and sections 25/27 of the Arms Act.

The petitioners moved an application for bail before the Court of learned Additional Sessions Judge, Kamakhyanagar, which was rejected on 02.03.2023. Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 27.09.2021 and they have been charge sheeted under sections 302/120-B/34 of the Indian Penal Code and sections 25/27 of the Arms Act. He further submitted that the occurrence in question took place on 24.09.2021 and there are no eye witnesses to the occurrence and the case is based on circumstantial evidence and the main circumstance is leading to discovery of two guns, which are stated to be the weapons of offence at the instance of the petitioners on the basis of their statements recorded under section 27 of the Evidence Act. Learned counsel further submitted that witnesses to the leading to discovery having been examined as P.W.6 and P.W.7 in the trial Court have not supported the prosecution case and therefore, the bail application of the petitioners may be favourably considered.

Perused the statements of the witnesses examined so far in the trial Court.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, absence of any direct evidence, nature of circumstantial evidence on record, since the witnesses leading to discovery have not supported the prosecution case and further taking into account the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioners shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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