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S. K. SAHOO
Gopal Gouda – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
S.K. Sahoo, J. - This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. This is an application under section 439 of Cr.P.C. in connection with Gangapur P.S. Case No.182 of 2020 corresponding to S.T. Case No. 49 of 2020 pending in the Court of learned Addl. Sessions Judge, Aska for offence punishable under section 302/34 of the Indian Penal Code.
4. The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Aska, which was rejected on 12.04.2022.
5. During course of argument, learned counsel for the State submitted that even though the two eye witnesses, namely Jitendra Gouda (P.W.2) and Laxmi Swain (P.W.6) have not supported the prosecution case, but the informant Pitabas Gouda being examined as P.W. 8 stated about the dying declaration of the deceased Pintu @ Krutibasha Gouda, who was his brother and in the dying declaration, the deceased has specifically named the petitioner and one Surendra Dakua along with seven to eight others to whom he could not identify due to darkness, to be his assailants.
6. When a query was made to the learned
The court considered the lack of support from key witnesses, absence of corroboration for the dying declaration, and the petitioner's period of detention in judicial custody in granting bail.
The court considered the nature of evidence, period of detention, absence of criminal antecedents, and change in circumstances as key factors in reconsidering the bail application.
The court granted bail based on the absence of recovery from the applicant and inconsistencies in the dying declaration, emphasizing the need for prima facie evidence in bail considerations.
The court emphasizes the gravity of murder and assault charges in denying bail, highlighting the need for careful consideration of witness credibility and evidence at preliminary stages.
The main legal point established in the judgment is the consideration of circumstantial evidence, dying declaration, and the nature of injuries in deciding the validity of a bail application in a cas....
Bail applications require a balance of crime severity, punishment nature, and prima facie involvement; refusal is justified when allegations are grave.
The reliability of dying declaration, admissibility of joint recovery, and the severity of the offence are crucial factors in deciding bail applications in serious criminal cases.
Prima facie evidence at the bail stage can indicate the involvement of the accused in the crime, leading to the rejection of bail applications.
The court's decision was based on the lack of incriminating evidence exclusively within the knowledge of the accused-petitioners and the lack of support from the star prosecution witness.
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