High CourtsSingle Bench

Santosh @ Sunil Nayak vs State Of Odisha

Orissa High Court · Decided on 29 November 2023 · Citation: (2023) 11 OHC CK 0099

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 324, 326, 341 · Arms Act, 1959 — Section 27
RESULT
Dismissed
CASE NUMBER
Bail Application No. 13177 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

9 paragraphs · 223 words

Savitri Ratho, J

1.

This is an application under Section 439 of Cr.P.C. in connection with Digapahandi P.S. Case No.231 of 2023 corresponding to G.R. Case No.1297 of 2023, pending in the file of the learned S.D.J.M., Berhampur under Sections 341, 324, 307, 326/34 of IPC read with Section 27 of the Arms Act.

2.

The prayer for bail of the petitioner had been rejected by order dated 03.11.2023 passed by the learned Sessions Judge, Ganjam, Berhampur in Bail Application No.960 of 2023.

3.

Mr. Mr.Sidhartha Goutam Das, learned counsel for the petitioner submits that the petitioner is aged about 20 years and is in custody since 27.06.2023 and allegations made against him are omnibus in nature. Meanwhile, the injured has been discharged from the hospital. He further submits that investigation has been completed and charge sheet dated 09.10.2023 has been submitted against the petitioner and one Mangala Sethi and Narayana Sethi.

4.

Considering the manner in which the injured has been assaulted and as he has sustained grievous injury, I am not inclined to release the petitioner on bail at this stage.

5.

The BLAPL is accordingly dismissed.

6.

It is open for the petitioner to move the learned trial Court for bail afresh after commitment of the case.

7.

Urgent certified copy of this order be granted as per rules.

………………………………