Sujit Mahakuda @ Bitun & Ors. v. State of Odisha
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 438
- Indian Penal Code, 1860 ss. 34, 294, 323, 341, 354, 376(2)(n), 506
Key paragraphs
- Para 55. The ABLAPL is disposed of accordingly. Judge AKPradhan (Chittaranjan Dash)
Judgment
Mr. Arijeet Mishra, Advocate -versus- State of Odisha …. Opp. Party Mr. S. Patra, ASC CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 06.01.2023
Heard learned counsel for the Petitioners and the State.
This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s.376(2)(n)/341/294/354/323/506/34 of IPC.
The principal accused in this case is one Bapun Mahakud. The present Petitioners are brother of Bapun and the uncle of principal accused-Bapun. The only allegation against the present Petitioners is that they having reached in the park where the principal accused along with victim were sitting in a secluded place, asked Bapun to come out and took him with them. There is absolutely no whisper as regards any overt act shown to have been shown by the Petitioners to the victim. // 2 //
Keeping in view the above, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences coupled with the statement of the victim recorded under Section 161 of the CrPC wherein no such material is forthcoming against the Petitioners, prima facie, to indict their conduct, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with Pandapada PS Case No.171 of 2022 corresponding to GR Case No.2367 of 2022 pending in the court of learned SDJM, Keonjhar within a period of three weeks hence, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioners shall appear in person before the learned court below on each date of posting of the case; shall appear before the I.O. and cooperate with the investigation as and when required and shall not threaten, intimidate or terrorize the Informant. Violation of any of the conditions shall entail cancellation of bail.
The ABLAPL is disposed of accordingly. Judge AKPradhan (Chittaranjan Dash)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.