Sahanawaj Ansari And Others vs State Of Odisha

G. 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 Petitioners for grant of bail in connection with Kantabanji P.S. Case No. 332 of 2021 corresponding to G.R. Case No. 670 of 2021 pending in the file of learned District and Sessions Judge, Kantabanjhi, Ganjam for commission of offence punishable Under Sections 302/201/120-B of IPC, on the allegation of committing murder of one Latif Ansari.

In the course of hearing of the bail application, Mr. S. Swain, learned counsel for the Petitioners submits that there is no evidence at all against the Petitioners, rather the present Petitioners has been implicated in this case on the basis of their confessional statement made to the Police which is inadmissible in the eye of law and the Petitioners having detained in custody may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, submits that when the trial is going on and evidence has come to the effect that since the Petitioners had made extra judicial confession before some person and the weapon offence was recovered pursuant to the disclosure statement of one of the Petitioners, the Petitioners should not be granted bail.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioners and keeping in view the extra judicial confession made in this case and taking into account the other circumstances on record including the recovery of incriminating materials pursuant to the disclosure statement of one of the Petitioners, this Court is not inclined to grant bail to the Petitioners, when the material witnesses are yet to be examined.

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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