Kuna Sahu vs State Of Orissa

B. P. Routray, J

Heard Mr.Das, learned Senior Counsel for the Petitioner and Mr.Gaya, learned Additional Standing Counsel for the State.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner in connection with S.T. Case No.33 of 2020 corresponding to G.R.Case No.161 of 2019 arising out of Dharakote P.S.Case No.157 of 2019 pending in the court of the learned Additional Sessions Judge, Aska for alleged commission of offence under Sections 302/34 of the I.P.C.

It is submitted that the Petitioner is inside custody since 28th

October, 2019 and in the meantime, one of the co-accused namely, Ganga Sahoo has been released on bail by this Court in BLAPL No. 3171 of 2021. It is also submitted that the sole alleged eyewitness namely, Susanta Jena have been examined in course of trial amongst other witnesses, and he has turned hostile not to take the name of the present Petitioner as an assailant. It is also submitted that one of the brother of the deceased namely, Tukuna Pradhan has also turned hostile in course of trial.

After hearing learned counsel for the State and considering the evidence of P.W.No.2 (Susanta Jena) and P.W.5(Tukuna Pradhan) as well as the circumstances of the case and the fact of release of the co-accused, Ganga Sahoo, it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in seisin over the matter, including the condition that he shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

The BLAPL is disposed of.

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

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