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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Raj Dalabehera – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of bail applications context. (Para 1 , 2) |
| 2. petitioners' arguments and past bail rejections. (Para 3 , 4) |
| 3. importance of criminal antecedents in bail. (Para 5) |
| 4. evidence supporting denial of bail. (Para 6) |
| 5. order for bail application rejection. (Para 7) |
JUDGMENT :
G. Satapathy, J.
1. 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.
2. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with ST Case No. 24 of 2024 arising out of Khurda Model PS Case No. 351 of 2023 pending in the file of learned 2nd Addl. Sessions Judge, Khurda for commission of offences punishable U/Ss. 294/302/307/506/120-B/34 of IPC r/w Sections 25/27 of the Arms Act, on the main allegation of committing murder of one Somanath Bhujabala @ Paku by firing at him from pistols, along with co-accused persons after hatching a criminal conspiracy.
3. Heard Mr. Amlan Shakti Paul, learned counsel for the petitioner in BLAPL No.733 of 2026; Mr. Kedar Chandra Sarangi, learned counsel for the petitioner in BL
Bail applications for serious offences require careful scrutiny of criminal antecedents, prioritizing societal safety and the necessity for full disclosure by the accused.
Bail applications must consider the seriousness of charges and the criminal history of applicants, with prior convictions impacting the court's decision.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
The court ruled that bail should be denied due to the petitioner's extensive criminal antecedents and involvement in the crime, emphasizing the need for public safety.
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