Kamlesh Tiwari vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Keonjhar Sadar P.S. Case No. 426 of 2022 corresponding to S.T. Case No. 19 of 2023 pending in the file of learned District & Sessions Judge, Keonjhar for commission of offence punishable under Section 302 of the IPC on the allegation of committing murder of Ram Naresh Sahu.

In the course of hearing of the bail application, Mr. P.S.Das, learned counsel for the petitioner submits that there is no direct evidence available against the petitioner, but the only circumstance that is available against the petitioner is his confession before the police which is admissible in the eye of law and the petitioner has already been detained in custody since long. It is further submitted by him that the petitioner has been falsely implicated in this case and the so called circumstance raised against the petitioner by the police appears to be unreliable and the same cannot be acted upon to find out any prima facie case against the petitioner. On these grounds, Mr.P.S.Das prays to grant bail to the present petitioner.

On the other hand, Mr.S.S.Pradhan, learned AGA submits that there are so many circumstance available against the petitioner which form a chain of links to find out a prima facie case against the petitioner for committing murder of the deceased and the circumstances are extra judicial confession of the petitioner before the owner of the truck, recovery of weapon glass piece, CDR details and last seen theory. On these submissions, 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 circumstances as allegedly appearing against the petitioner in the form of extra judicial confession, recovery and seizure of glass piece used in commission of the crime (weapon) pursuant to the disclosure statement of the petitioner, CDR details and the last seen theory and further taking into account the opinion of the doctor as to cause of death of the deceased by use of alleged weapon(glass piece) as found mentioned in the post mortem report, this Court does not feel it proper to grant bail to the present petitioner.

Hence, the bail application of the present petitioner stands rejected.

Accordingly, the BLAPL stand disposed of.

Issue urgent certified copy of the order as per Rules.

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