Ujal Chhatria vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard  learned  counsel  for  the  petitioner  and learned Addl. Standing Counsel for the State.

The petitioner is in custody since 07.06.2023 in connection  with  Komna  P.S.  Case  No.49  of  2012 corresponding to G.R. Case No.164(A) of 2012 pending in the Court of learned J.M.F.C., Komna  for the alleged commission of offence under Sections 302/201/34 of IPC.

Subsequently the case has been committed to the Court of Session.

The Court below has not forwarded the copies of the depositions as directed. However, learned counsel for the petitioner files certified copies of the depositions of P.Ws. 1 to 7. As it appears, there is no eye-witness to the occurrence. The petitioner appears to have been implicated on the statement of one co-accused, Satiram. The same is also on the basis of the statement of P.W.-3. Perusal of the deposition of the witnesses examined, reveal that there is no clear cut proof regarding complicity of the petitioner. P.W.-3 stated that the co-accused, Satiram had uttered the name of the petitioner, which obviously is not admissible. There is no other admissible evidence showing the complicity of the petitioner in the alleged occurrence.

In such view of the matter, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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