Aju @ Ajay Patra v. Mr. Priyabrata Tripathy
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail in the
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 34, 120(B), 201, 302, 364, 380, 457
- Indian Evidence Act, 1872 s. 27
Judgment
Mr. Priyabrata Tripathy Addl. Standing Counsel CORAM: THE HON’BLE MR. JUSTICE S.K. SAHOO Order No. ORDER 23.08.2024
This matter taken up through Hybrid arrangement (video conferencing/physical 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 Baripada Town P.S. Case No.267 of 2017 corresponding to S.T. Case No.29 of 2019 pending in the Court of learned Sessions Judge, Baripada for offences punishable under sections 364/302/201/120(B)/380/457/34 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner judicial custody since
12.010.2017 and he has been charge sheeted under sections 364/302/201/120(B)/380/457/34 of Indian Penal Code. He further submitted that earlier the petitioner approached this Court in BLAPL No.544 of 2023 and vide order dated 02.03.2023, while rejecting the application for bail, direction was issued to conclude the trial within a period of six months and till date, out of 38 charge sheet witnesses, 28 witnesses have been examined. He further submitted that all the co-accused persons have been enlarged on bail and there are no eye witnesses to the occurrence and the case against the petitioner is based on confessional statement of the co-accused and therefore, the bail application of the petitioner may be favourably re-considered. Learned counsel for the State opposed the prayer for bail and submitted that the material available against the petitioner is relating to discovery of the dead body on the basis of the statement of the petitioner recorded under section 27 of the Evidence Act and there are two criminal antecedents against the petitioner. He has received the written instruction in that respect received from the Inspector-in-charge, Baripada Town Police Station, which is dated
Operative part
29.05.2024, which be taken on record. Considering the submissions made by the learned counsel for the parties, the nature of evidence available on record against the petitioner, the progress of the trial so far, the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail. Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial. Violation of any of the conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. Judge ( S.K. Sahoo) M.K.Rout Signature Not Verified Digitally Signed Signed by: MANOJ KUMAR ROUT Reason: Authentication Location: Orissa High Court Date: 24-Aug-2024 12:10:27
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail in the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 34, 120(B), 201, 302, 364, 380, 457; Indian Evidence Act, 1872 — s. 27.
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.