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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Babi @ Sandip Biswal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. court proceedings initiation (Para 1 , 2 , 3) |
| 2. bail application details (Para 4 , 5 , 6 , 7) |
| 3. arguments regarding bail application (Para 8 , 9 , 10) |
| 4. court's decision and conditions (Para 11 , 12 , 13) |
| 5. final order and directives (Para 14 , 15 , 16) |
ORDER :
1. Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.
2. Learned counsel for the petitioner files a memo stating therein that the case has been committed to the Court of learned Sessions Judge, Kendrapara vide S.T. Case No.110 of 2023. The same is taken on record.
3. The petitioner is an accused in connection with S.T. Case No.110 of 2023, pending in the file of learned Sessions Judge, Kendrapara, arising out of Rajkanika P.S. Case No.281 of 2020 for alleged commission of offences under Sections 341 /323/324/307/379/34 of IPC .
4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara by order dated 02.06.2023 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by Mr.S.K. Nayak, learned counsel that the petitioner is in custody since 21.05.2023 and charge sheet
Bail granted due to absence of criminal history and recovery of the victim, despite initial non-compliance with court orders.
The court considered the statement of the victim and the filing of the charge sheet as key factors in deciding to grant bail to the Petitioner.
An accused may be granted bail if the allegations are vague and lack substantial supporting evidence, especially when no serious injuries are present.
The court determined insufficient evidence to justify continued custody based on the omnibus nature of dowry demands and the absence of corroborative injuries, thus granting bail.
Bail – Accused can be enlarged on bail on the ground of parity.
The need for the lower court to assess the materials on record during the course of investigation before entertaining a bail application.
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
The court emphasizes the necessity of merit in opposing bail applications, particularly considering prior favorable rulings for the accused.
The court's decision to grant bail was influenced by the statements of the injured, their injury reports, and the period of custody, balancing the interests of the petitioner and the concerns of the ....
A first offender may be granted bail if the prosecution lacks sufficient evidence for direct involvement in a serious crime, especially during ongoing investigations.
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