High CourtsSingle Bench

Lalbabu Mahanandia vs State Of Odisha

Orissa High Court · Decided on 6 August 2021 · Citation: (2021) 08 OHC CK 0024

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 395 · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4369 Of 2021
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Judgment

16 paragraphs · 285 words

B. P. Routray, J

1.

Heard Sri S.R.Das, learned counsel for the petitioner  and Shri S.N.Das, learned Addl.Standing Counsel for the  State. Â

2.

This is an application under Section 439 Cr.P.C. for grant of bail to the petitioner in connection with Biramitrapur P.S. Case No. 141 of 2019,

corresponding to S.T. Case No. 41/73/2020, pending in the court of learned 2nd Addl.Sessions Judge, Rourkela for alleged commission of offences

under Section 395 of I.P.C. and Section 25/27 of the Arms Act.

3.

It is submitted on behalf of the petitioner that he is inside custody since 18.11.2019 and in the meantime out of total eight witnesses, seven witnesses

have been examined in course of trial and they all have turned hostile not to support prosecution case. In this regard certified copies of their

depositions have been refferd to. It is also submitted that nothing is coming out from their evidence to implicate the petitioner in any manner in the

alleged offence.

5.

After hearing learned counsel for the State and considering the evidence of P.W. 1 to 7 as deposed by them in course of trial as well as the period

of detention of the petitioner inside custody, it is directed to release the petitioner 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 the petitioner shall not be involved in any other offence while on bail

and shall attend the trial court on each date fixed.

6.

The  BLAPL  is  accordingly  disposed  of.

7.

As urgent certified copy of this order be issued as per rules.

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