Nirakar Guru vs State Of Odisha

D. Dash, J

The matter is taken up through hybrid arrangement (virtual/physical) mode.

This is the successive journey of the Petitioner, who is in custody in connection with Badambadi P.S. Case No. 141 of 2019 corresponding to S.T Case No.17 of 2021, now pending in the Court of the learned Sessions Judge, Cuttack, running for commission of offence under section- 302/394/201/34 of the IPC, in filing this application under section-439 of the Cr.P.C., for reconsideration of the prayer for grant of bail to the Petitioner in the above mentioned case.

Learned Counsel for the Petitioner submits that this Petitioner being arrested on 11.08.2019 is in custody since then and the trial of the case has not yet made any substantial progress. He further submits that as per the prosecution case, no allegation run against this Petitioner to have dealt any blow upon the deceased and the only material sought to be used against him is that he while in police custody had given recovery of the wearing apparels of the deceased and one mobile phone set. He further submits that although the co-accused persons who are said to have played role in assaulting the deceased are in custody, another co-accused namely, Siba who had no such role to his credit is on bail. In view of all these above, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence does not arise at this stage as also the trial of the case is not expected to complete so soon; he urges for reconsideration of the prayer for grant of bail to the Petitioner.

Learned Counsel for the State opposes the move. He submits that by now out of 47 cited charge-sheeted witnesses, the prosecution has examined 19 and does not dispute the position that the Petitioner is in custody since 11.08.2019.

Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner as also the surrounding circumstances including the period of detention of the Petitioner in custody; when the trial is still going on at a snail’s pace; while being inclined to reconsider the prayer for grant bail to the Petitioner in the aforesaid case, it is directed that the Petitioner be released on bail on such terms and conditions as deemed just and proper by the Court in seisin of the case with further conditions that: -

Petitioner will appear in person before the Court in seisin of the case on each date of posting of the case without fail; and

will not leave the jurisdiction of the court in seisin of the case.

Violation of any of the above condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.

……………………………..