Landu @ Ganesh Kumar Khandai Vs State Of Odisha

V. Narasingh, J

Heard learned counsel for the Petitioner, learned counsel for the informant and learned counsel for the State.

The Petitioner is an accused in connection with G.R. Case No.539 of 2023 pending on the file of learned J.M.F.C., Khorda, arising out of Bolagarh P.S. No.129 of 2023 for commission of offence alleged under Sections 302/307/34 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Addl. Sessions Judge, Khurda by order dated 01.11.2023 in the aforementioned case, the present BLAPL has been filed.

This is the second journey of the Petitioner to this Court. Earlier the Petitioner along with co-accused Dhana @ Bramhananda Khandai had moved this Court in BLAPL Nos.8352 of 2023 and 8354 of 2023 respectively which were rejected by the order dated 21.08.2023 giving them liberty to renew their prayer post charge sheet.

Since charge sheet in the case at hand has been filed on 30.09.2023, the Petitioner is before this Court.

It is submitted that since charge sheet has already been filed, further continuance of the Petitioner in custody is not warranted.

Learned counsel for the State as well as informant oppose the prayer for bail in view of the materials on record.

On perusal of the materials on record relating to the accusation qua the Petitioner, this Court is not inclined to entertain this bail application at this stage.

Leave is granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of material witnesses, which shall be considered and disposed of independently on the basis of materials on record.

Accordingly, the BLAPL stands disposed of.

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