High CourtsSingle Bench

Rabi Jena vs State Of Odisha

Orissa High Court · Decided on 1 September 2023 · Citation: (2023) 09 OHC CK 0010

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 294, 302, 307, 323, 324, 326, 326A, 436, 506
RESULT
Dismissed
CASE NUMBER
Bail Application No. 7542 Of 2023
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Judgment

10 paragraphs · 216 words

B. P. Routray, J

1.

This order arises out of an application filed under Sec.439 Cr.P.C. for grant of bail and the offences alleged are under Sections 147/ 148/ 294/ 323/ 324/ 326/ 326-A/ 307/ 436/ 506/ 149/ 302 I.P.C.

2.

Heard Mr. Ghadei, learned counsel for the Petitioner and Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3.

The allegations are to the effect that when the injured and deceased persons were guarding the forest in a hut, the accused persons came there assembled and attacked.

4.

In the occurrence, two persons died and four persons were injured.

5.

Mr.Ghadei, learned counsel for the Petitioner submits that the Petitioner was arrested on 8th November 2021 and the trial in respect of him has been split up, i.e. S.T. Case No. 39/264 of 2022, where 9 witnesses have been examined till date. He further submits that the dispute arises due to rivalry between two villagers over the forest land.

6.

Upon hearing Mr.Das, learned ASC for the State and upon perusal of copies of evidences of P.W.1 to 9, I am not inclined to release the Petitioner on bail. Accordingly, the prayer for bail is rejected.

7.

The BLAPL is dismissed.

8.

An urgent certified copy of this order be granted on proper application.

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