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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.SAHOO
Roshan @ Babloo Yadav @ Bablu Yadav – Appellant
Versus
Republic of India (C.B.I.) – Respondent
| Table of Content |
|---|
| 1. background facts and previous bail applications. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding witness examination and potential for tampering. (Para 6 , 7) |
| 3. insufficient witness examination delays trial. (Para 8) |
| 4. principles regarding bail and personal liberty. (Para 9 , 10) |
| 5. bail granted with conditions. (Para 11) |
JUDGMENT :
S.K. SAHOO, J.
1. This is the third successive bail application of the petitioner Roshan @ Babloo Yadav @ Bablu Yadav in connection with CBI, Bhubaneswar F.I.R. No. RC0152009A0023 dated 30.09.2009 corresponding to SPE Case No. 01 of 2011 pending in the Court of learned Special C.J.M. (C.B.I.), Bhubaneswar in which charge sheet has been submitted against the petitioner for the offences under sections 420, 467, 468, read with section 120-B of the Indian Penal Code.
2. The bail application of the petitioner has been rejected by the learned Addl. Sessions Judge -cum- Special Judge, C.B.I. Court No.I, Bhubaneswar in BLAPL No.355 of 2022 vide order dated 08.03.2022.
3. The first bail application of the petitioner in BLAPL No. 2747 of 2019 was rejected as per order dated 24.06.2019 with the following observations:-
“After bestowing my anxious consi
The court ruled bail should be granted when trial delays infringe on the right to personal liberty, provided conditions to prevent tampering with evidence are set.
Section 309 Cr.P.C. provides power to postpone or adjourn proceedings.
Bail denied in heinous POCSO offence involving minor rape due to prima facie case, accused's absconding history risking flight, and no undue trial delay despite charge-sheet and witness examination.
The court emphasized the need to balance the individual's right to personal freedom with the right of police investigation, and considered the delay in trial, lack of prima facie evidence, and absenc....
Grant of Bail - Right of under trial enshrined under Article 21 of the Constitution of India may be considered and protected inasmuch as they should not be compelled to serve maximum punishing.
Bail can be granted under Section 439 Cr.P.C. when the trial has commenced, the investigation is complete, and there are no risks associated with the accused's release, even in cases involving seriou....
Subsequent bail applications require material change in circumstances; courts cannot review prior orders or appreciate trial evidence at bail stage.
Court has clarified in numerous judgments that the liberty guaranteed by Part III of the Constitution would cover within its protective ambit not only due procedure and fairness but also access to ju....
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