Krushna Chandra Pradhan v. State of Odisha

Mr. S. K. Lenka, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. S. Patra, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 11.09.2024

The petitioner is an accused in connection with S.T. Case No.142 of 2023 arising out of C.T. Case No.380 of 2023 corresponding to Raikia P.S. Case No.81 of 2023 for the offences under Sections 302/506/449/34 of the I.P.C. pending in the Court of the learned Additional Sessions Judge, Ballilgud, Kandhamal.

Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

The petitioner is aggrieved by the order dated 08.01.2024 passed by the Court below, whereby his bail plea has been rejected. Charge-sheet in the present case has been filed on 27.11.2023.

Perusal of the charge-sheet indicates that there are four eye witnesses, those who have directly make out the allegation against the petitioner and the co-accused. Hence, I am not inclined to entertain this bail application at this stage. However, liberty is granted to the petitioner to renew his bail plea before the Court below after the examination of the eye witnesses. Since the petitioner has been custody since 31.07.2023, the trial Court is directed to do well to see that all the eye witnesses are examined giving preference over the formal witnesses.

With this observation, the BLAPL is disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Reason: Authentication Location: High Court of Orissa Date: 13-Sep-2024 19:01:08