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Judgment
B. P. Routray, J
This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.147/148/450/307/302/149, I.P.C.
Heard Mr. S.R. Das, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for State-Opposite Party.
It is submitted on behalf of the Petitioner that, he is inside custody since 15th July, 2020 and in the meantime many other co-accused persons have been released on bail by this Court in different bail applications. It is further submitted that, all the independent witnesses so far examined during trial have turned hostile and did not support the prosecution case.
Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party opposes the prayer for bail by submitting that the present Petitioner is a history-sheeter having four criminal antecedents against him. He further submits that, the Petitioner has managed all the eye-witnesses not to speak against him.
Earlier the prayer for bail of the Petitioner was rejected in BLAPL No.5937 of 2023 granting liberty to him to renew his prayer after examination of the eye-witness, namely, Arjun Behera and it is submitted that, said Arjun Behera has been examined in the meantime as P.W.12.
Upon hearing both parties and perusal of the copies of the depositions of P.W.1 to 13, which reveals that, all such eye-witnesses named by the prosecution do not support the prosecution case, and keeping in view the period of detention of the Petitioner inside custody, it is directed to release the Petitioner on bail in connection with Khurda Model P.S. Case No.243/2020 corresponding to S.T. Case No.30 of 2021 on such terms and conditions to be fixed by learned 2nd Addl. Sessions Judge, Khurda or the court in seisin over the matter as he deems just and proper 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
The BLAPL is disposed of.
An urgent certified copy of this order be granted on proper application.
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