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Judgment
10 paragraphs · 334 wordsG. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail arising out of Begunia P.S. Case No.84 of 2023 corresponding to G.R. Case No.305 of 2023 pending of the Court of learned JMFC, Begunia for commission of offences punishable under Sections 364/302/506 of the IPC, on the allegation of abducting the deceased Pradeep Baliarsingh and committing his murder along with co-accused persons in furtherance of their common intention.
Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. S.N.Nayak, learned ASC in the present matter and perused the record. It is, however, highlighted by Mr.J.Sahoo that since the petitioner is inimically disposed of with the informant, his name has been overzealously incorporated in the FIR, but the eye witness Balia @ Balaram Mansingh has never implicated the petitioner in this case, so also the deceased in his oral dying declaration.
On the other hand, Mr.S.N.Nayak, learned ASC by referring to the materials on record prays to reject the bail application of the petitioner.
After having considered the rival submissions and taking into consideration the nature and gravity of offence as alleged against the petitioner, so also the accusations sought to be brought against him and taking into account the opinion of the doctor as to cause of death of the deceased and regard being had to the mode and manner of assault on the deceased and the supporting materials collected by the investigating agency in the course of investigation and on going through the materials placed on record including the role as alleged against the petitioner in the commission of crime, this Court is not inclined to grant bail to the petitioner at this stage, when the trial is yet to commence.
Hence, the bail application of the petitioner stands rejected.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
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