IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3519 of 2022

E. Nagraju

….

Petitioner

Mr.D.R. Bhokta, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr. Priyabrata Tripathy,

Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

06.02.2023

05.

This

matter

is

taken

up

through

Hybrid

arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and

learned counsel for the State.

This is an application under section 439 of

Cr.P.C. for grant of bail to the petitioner in connection

with Koraput Town P.S. Case No.324 of 2021

corresponding to G.R. Case No. 1134 of 2021 pending

in the Court of learned S.D.J.M., Korpaut for alleged

commission of offence under section 302/34 of the

Indian Penal Code.

The petitioner moved an application for bail

before the Court of learned Addl. Sessions Judge,

Koraput, which was rejected on 22.03.2022.

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Page 2 of 3

Learned counsel for the petitioner submitted that

the petitioner is in judicial custody since 26.12.2021

and he has been charge sheeted under section 302/

34 of the Indian Penal Code. Learned counsel further

submitted that the occurrence in question took place

on 26.12.2021 and there are no eye witnesses to the

commission of the murder of the deceased Saniya

Pujari and as per the confessional statement of the

co-accused Ratna, the wife of the petitioner, it is she

who assaulted the deceased by means of a split wood

and the accusation against the petitioner is that he

along with two others in order to cause disappearance

of evidence, threw the dead body of the deceased

after commission of the murder. Learned counsel for

the petitioner further submitted that considering the

nature of overt act against the petitioner, the offence

may at best make out a case under section 201 of the

Indian Penal Code and therefore, the prayer for bail

may be favourably considered.

Learned counsel for the State after verifying the

case records fairly submitted that there are no eye

witnesses to the occurrence. He further submitted

that the co-accused Ratna has made confessional

statement before the police to have committed the

offence.

Considering the submissions of the learned

counsel for the respective parties, the nature of

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Page 3 of 3

accusation against the petitioner, absence of any

direct evidence, the nature of circumstantial evidence

available on record and further taking into account the

period of detention of the petitioner in judicial

custody, I am inclined to release the petitioner on

bail.

Let the petitioner be released on bail in the

aforesaid case on furnishing bail bond of Rs.50,000/-

(rupees fifty thousand) with two local solvent sureties

each for the like amount to the satisfaction of the

learned Court in seisin over the matter with such

terms and conditions as the learned Court may deem

just and proper including the conditions that the

petitioner shall not indulge in any criminal activities,

shall appear before the learned trial Court when the

case would be posted for trial and shall not try to

tamper with the prosecution witnesses. Violation of

any of the conditions shall entail cancellation of bail.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

PKSahoo