Advocates:
['SMRUTI RANJAN MOHAPATRA', '', 'B GANTHIA', 'B R MOHANTY', 'S HARICHANDAN', 'M K SWAIN', 'L PATTNAIK']

04.

RKS

20.03.2019

Heard the learned counsel for the petitioner and

the learned counsel for the State.

The petitioner being in custody in S.T. Case

No.10 of 2019, arising out of Banki P.S. Case No.207 of

2018, pending in the court of learned Sessions Judge,

Cuttack has filed this petition for his release on bail.

The offence alleged against the petitioner is punishable

under Section 302/34 of I.P.C.

It appears from the materials on record that this

case is based on the circumstancial evidence. The

allegation of the prosecution is that the petitioner

stated to have administer poison to the deceased but,

as it appears from the viscera examination that, no

poisonous substance is found.

No doubt the prosecution has placed reliance on

the statement of the accused persons recorded under

Section 27 of Cr.P.C. but, learned counsel appearing

for the petitioner submits that confession on that part

being distinctly not relating to the fact discovered and

the viscera report, the prosecution has no case and as

such, the petitioner deserves to be released on bail

more so, when this case has already been committed to

the Court of Sessions and hardly any material is there

indicating the fact that the petitioner shall abscond

and/or tamper with the prosecution evidence, if

released on bail.

Learned

counsel

for

the

State

however

vehemently opposes the prayer for bail.

BLAPL No.1081 of 2019

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Considering the aforesaid facts and submissions

made, especially the nature of accusation, character of

evidence appearing against the petitioner in support of

the charge and also the fact that no material being

produced indicating the fact that the petitioner shall

abscond and/or tamper with the prosecution evidence,

if released on bail, this Court is of the view that the

petitioner deserves to be released on bail.

Hence, the petitioner be released on bail in the

aforesaid case by the court in seisin over the matter on

such terms and conditions as the trial court may deem

it just and proper.

Accordingly, the BLAPL stands disposed of being

allowed.

Urgent certified copy of this order be granted on

proper application.

&&&&&&&

S.Pujahari, J.

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