Amulya Naik v. State of Odisha
Case at a glance
- Bench
- S K SAHOO
Outcome
Bail granted
once he is released on bail and further absconds,
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 ss. 147, 148, 149, 201, 302, 342
Judgment
Mr. P.S. Nayak, Addl. Govt. Advocate CORAM: JUSTICE S.K. SAHOO Order No. ORDER 13.12.2024
This matter taken up through Hybrid arrangement (video conferencing/physical mode). Heard Mr. Om Prakash Saran, learned counsel for the petitioner appearing through Virtual High Court at Dhenkanal and learned counsel for the State. This is an application under section 439 of Cr.P.C. in connection with C.T.(SS) Case No.149 of 2024 arising out of Dhenkanal Sadar P.S. Case No.51 of 2015 pending in the Court of learned Sessions Judge, Dhenkanal for offences punishable under sections 147/148/342/302/201/149 of the Indian Penal Code. The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Dhenkanal vide order dated 24.07.2024. Learned counsel for the petitioner submitted that the petitioner is in judicial custody since
Operative part
16.05.2024 and till now, five witnesses have been examined and they have not stated anything against the petitioner and the co-accused persons are facing trial and those persons are also on bail and in view of the nature of evidence available on record and particularly the release of the co-accused persons, the bail application of the petitioner may be favourably considered. Learned counsel for the State mainly opposed the prayer for bail on the ground that the occurrence is of the year February, 2015 and the petitioner was an absconder and he was arrested in May, 2024 and once he is released on bail and further absconds, there would be delay in disposal of the trial. Considering the submissions made by the learned counsel for the respective parties, the nature of evidence available on record and release of the co- accused persons on bail, 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 subject to conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial and he shall not try to tamper with the evidence and he shall not indulge in any criminal activities in any manner. Violation of any terms and conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules. Judge ( S.K. Sahoo) RKM Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Dec-2024 16:27:22
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: once he is released on bail and further absconds,
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Indian Penal Code, 1860 — ss. 147, 148, 149, 201, 302, 342.
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.