Uttam Barik vs State of Odisha

S.K. Sahoo, J

This matter is taken up through video conferencing mode.

Heard the 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 Balliguda P.S. Case No.100 of 2019 corresponding to C.T. Case No.273 of 2019 pending in the Court of learned S.D.J.M., Balliguda for alleged commission of offence under section 395 of the Indian Penal Code.

The bail application of the petitioner has been rejected by the learned Addl. Sessions Judge, Balliguda as per order dated 09.04.2021.

Learned counsel for the petitioner submits that the first information report was lodged against unknown persons on 27.04.2019 relating to the occurrence dated 26.07.2019 at the instance of one Jagannath Kanhar and after completion of investigation, charge sheet was submitted on 09.03.2020 against number of accused persons showing the petitioner as an absconder under section 395 of the Indian Penal Code and the petitioner has not been placed thereafter in the test identification parade to establish his complicity in the alleged crime and some of the co-accused persons have been released on bail in the meantime. He has annexed the bail order copies passed in respect of the co-accused persons. He further submitted that in view of the available materials on record, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner was an absconder for about one and half years.

Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, release of the co-accused persons on bail, period of detention of the petitioner in judicial custody, absence of any clinching materials relating to the involvement in the alleged crime except the confessional statement of the co-accused persons before the police, I am 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 such other conditions as the learned Court may deem just and proper.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be issued as per Rules.

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