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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Dolagobinda @ Taluchha Ashis Mohapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of bail application context. (Para 3 , 4) |
| 2. arguments supporting the petitioner's bail. (Para 5 , 6) |
| 3. arguments opposing the bail by the state. (Para 7 , 8 , 9) |
| 4. details on evidence and implications. (Para 10 , 11 , 12) |
| 5. analysis of eyewitnesses and section 27. (Para 13 , 14 , 15) |
| 6. determination of custody necessity. (Para 16 , 17) |
| 7. bail granted with conditions. (Para 18 , 19 , 20 , 21) |
| 8. conclusion of the judgment. (Para 22) |
ORDER :
V.NARASINGH, J.
1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner is an accused in G.R. Case No.580 of 2022, pending in the file of learned S.D.J.M., Puri, arising out of Puri Town P.S. Case No.90 of 2022, for commission of alleged offences under Sections 302 /120(B)/34 of IPC read with Section 25 and 27 of the Arms Act and is in custody since 21.03.2022.
4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional District & Sessions Judge, Puri by order dated 04.08.2022 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by Mr. B.P. Pradhan, learned cou
A first offender may be granted bail if the prosecution lacks sufficient evidence for direct involvement in a serious crime, especially during ongoing investigations.
Confessional statements of co-accused to police inadmissible under CrPC Section 162 and Evidence Act Section 25; insufficient alone to deny bail without other incriminating material, per bail princip....
The main legal point established in the judgment is that the court may refuse bail if there is prima facie evidence of the accused's involvement in a criminal conspiracy and if there is a risk of wit....
Grant or rejection of bail is only to be considered basing on the facts and circumstances of each case. If there is any technicality, it can be considered at the time of trial, not at the time of con....
The main legal point established in the judgment is the reliance on evidence including CDR, mobile locations, and previous involvements of the accused to establish the role of the petitioner as the m....
The court emphasized that in cases involving serious and heinous crimes, the interests of society must outweigh individual liberty when assessing bail applications.
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