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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Kora Raula – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. introduction of case details (Para 3) |
| 2. arguments for bail based on witness testimony (Para 4) |
| 3. court's assessment of evidence related to bail (Para 5 , 6) |
| 4. rejection of bail applications (Para 7) |
JUDGMENT :
G. Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. These are the 2nd bail applications U/S.483 of the BNSS, 2023 by the petitioners for grant of bail in connection with Berhampur Sadar P.S. Case No.510 of 2023 corresponding to S.T. Case No.175 of 2024 pending in the file of learned 3rd Addl. Sessions Judge, Berhampur, Ganjam, facing trial for commission of offences punishable under sections 452/294/323/324/ 325/326/307/302/34 of the Indian Penal Code turned to offences punishable U/Ss.449/341/294/324/326/307/ 302/34 of the Indian Penal Code, on the main allegation of committing murder of the deceased Dunia Sahu and assaulting as well as injuring P.W.3 and P.W.6.
4. In the course of hearing, Mr. Manoj Kumar Mishra, learned
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.
In bail applications, the court emphasizes not to deeply analyze evidence but consider the nature of allegations and the circumstances of each petitioner, while allowing bail based on parity for simi....
The court emphasized that in serious offenses, bail is to be granted cautiously, considering the gravity of charges, witness credibility, and the ongoing trial.
Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.
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 emphasized that the material witnesses turning hostile and the lack of prima facie material warranted the grant of bail to the accused in a murder case.
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