Muna Mishra @ Sandip Ranjan Mishra vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through video conferencing.

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with G.R. Case No.1118 of 2021 arising out of Satyabadi P.S. Case No.138 of 2021 pending in the Court of S.D.J.M., Puri for commission of offences under sections 302, 120-B, 201 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned 3rd Addl. Sessions Judge, Puri vide order dated 27.04.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 12.04.2021 and he has been charge sheeted under sections 302, 120-B, 201 of the Indian Penal Code. It is further submitted that the occurrence in question took place on 31.03.2021 and the F.I.R. was lodged on the same day. Learned counsel for the petitioner further submitted that there is no specific allegation against the petitioner and the main allegation is against the co-accused Padmanav Behera and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Since on the basis of the statement of eye witness Loknath Mishra @ Baina, the main accusation is against co-accused Padmanav Das who stated to have assaulted the deceased Krushna Chandra Rout by means of a screw driver which ultimately resulted in his death, taking into account the nature of overt act alleged against the petitioner and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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