Tulu Moharana vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

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

This is an application under section 439 of Cr.P.C. in connection with Jatni P.S. Case No.379 of 2020 arising out of G.R. Case No.402 of 2020

pending in the Court of learned J.M.F.C., Jatni for offences punishable under sections 395/120-B of the Indian Penal Code read with sections 25/27 of

the Arms Act.

The petitioner moved an application for bail before the Court of learned 5th Addl. Sessions Judge, Bhubaneswar which was rejected on 20.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 13.10.2020 and he has been charge-sheeted under Sections

395/120-B of the Indian Penal Code read with sections 25/27 of the Arms Act. It is further submitted that the petitioner has not been placed in T.I.

Parade and nothing has been seized from the possession of the petitioner and the petitioner’s implication in the case is based on the confessional

statement of co-accused before the police and another co-accused, namely, Chandan Rout has been released on bail by this Court in BLAPL No.1264

of 2021 and, therefore, the bail application may be favourably considered.

Learned counsel for the State on verification of the case diary fairly submits that the petitioner has not been placed in test identification parade and

nothing has been seized from the possession of the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, absence of any test

identification parade, nothing has been seized from the possession of the petitioner and release of co-accused on bail and further taking into account

the period of detention of the petitioner in judicial custody, I am not 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.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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