The nature of materials available for the acquisition of the accused and their period of detention are crucial factors in considering their entitlement to bail.

JUDGMENT

1. The petitioners, namely, Tapan Jal and Ghanashyama Mahanand in BLAPL No.9418 and the petitioners, namely, Raju Jal, Kal Mugri and Gajman@Gajaban Shika in BLAPL No.10222 of 2019 have prayed for their release on bail under Section 439 of the Cr.P.C. and the offences alleged are under Sections 147/148/341/ 325/302/436/114/120B/149 of the IPC and Section 7 of the Criminal Law Amendment Act. Both the bail applications being arose out of the same Tititalgarh P.S.Case No.37 dated 3.3.2011, have been heard analogously and are disposed of by a common order.

2. The facts of the case are to the effect that, the accused persons numbering 53 in total as per the chargsheet were the employees of M/s.Graphite India Limited-Powmex Steels Division situated at Turula under Titilagarh Police Station. There was a dispute between the management and the workers for which the workers were staging their protest on the occurrence day i.e., 3.3.2011. On that fateful day when the deceased, who was the D.G.M. of the factory, was going for lunch along with the Vice-President of the factory, namely, Bichitrananda Panda, just outside the main gate of the factory the angry workers torched their vehicle and killed the deceased by setting ablaze him sprinkling petrol. The deceased died on the way while taken to the hospital. Fifty three accused persons have been named in the chargsheet and out of them, besides these present five petitioners, eighteen others faced their trial in S.T.Case Nos.129 of 2017 and 130 of 2017 before the learned Sessions Judge,

3. Sambalpur. Out of those eighteen accused persons, who faced trial, all have been acquitted except one Kumar Bag, who has been sentenced to life imprisonment for commission of offences under Sections 302/149 of the I.P.C.

4. These five present petitioners, namely, Tapan Jal, Ghanashyma Mahanand, Raju Jal, Kamal Murgi and Gajman @ Gajaban Shika were shown as absconders in the chargsheet and subsequently taken to custody on 21.10.2019 upon their surrendering before the court.

5. It is contended on behalf of the petitioners that as per the allegations, around fifty workers, who were staging their protest near the front gate of the factory, have surrounded the vehicle in which the deceased was boarded. There were many eyewitnesses of the occurrence, who have made their respective statements before the police and in their statements, none of them have stated any specific overtact against any of the present petitioners. It is true that except their presence at the spot nothing have been stated by those eyewitnesses though some other co-accused persons have been specifically named regarding bringing of petrol and setting fire. It is also submitted that, being the members of the workers union and in view of the protest going on near the spot, they have been falsely implicated by the prosecution as a part of conspiracy. It is further submitted that knowing their names included in the chargsheet as accused persons, all the petitioners voluntarily surrendered and are inside custody since 21.10.2019.

7. The informant has entered his appearance and it is submitted on his behalf that, this is a case of brutal murder took place in front of the main gate of the factory where the D.G.M. has been burnt alive. It is also submitted that the trial of the case even transferred from Titilagarh to Sambalpur as per the direction of the Hon'ble Supreme Court and so far as these petitioners are concerned, their names being stated clearly by the eyewitnesses, considering the brutality of the occurrence, the petitioners are not entitled for bail.

8. Learned counsel for the State also objects the prayer for bail of the petitioners by submitting that the petitioners, who remained absconded for a long time, are not entitled for the benefit of bail.

9. Perused the case record including the statements of the eyewitnesses. It is seen from the statement of Shri Bichitrananda Panda, Vice President, who accompanied the deceased at that relevant