BLAPL No.826 of 2021

03

10.06.2021

This

matter

is

taken

up

through

video

conferencing.

Heard Shri Sudipta Panda, learned counsel for

the petitioner as well as Shri P.K. Maharaj, learned Additional

Standing Counsel for the State.

This is an application under Section 439 Cr.P.C.

for grant of bail to the petitioner in connection with C.T.Case

736 of 2020 arising out of Bhawanipatna Sadar P.S. Case No.

287 of 2020 pending in the court of learned S.D.J.M.,

Bhawanipatna for alleged commission of offences under

Section 302/201/435/34 of I.P.C..

It is submitted on behalf of the petitioner that the

petitioner is inside custody since 28.10.2020 and in the

meantime, though charge sheet has been submitted upon

completion of investigation, but no material could be surfaced

against the petitioner except the statement of one of the co-

accused namely, Santosh allegedly made before two of the

witnesses. Thus, it is submitted by the petitioner that only on

the basis of the suspicion the petitioner has been implicated

and languishing inside custody.

Shri P.K. Maharaj, learned Addl. Standing

Counsel, on the other hand, submits that there was previous

enmity between the parties and as per the confession made

by co-accused Santosh, the petitioner along with him

commited the muder.

It is seen that, this is a case of double murder

where dead body of one of the deceased was recovered on

30.08.2020 and the dead body of the other deceased has

crb

been recovered on 02.09.2020. Though the case is a serious

one involving murder of two persons, at the same time

looking to the materials collected in course of investigation, it

reveal that nothing more is there than the statement of the

co-accused who implicates the petitioner as his associates in

committing the murder. Further no circumstantial evidence

except the satement of previous enmity between the parties

could be brought by investigating agency.

Considering the materials brought in course of

investigation against the present petitioner as placed by the

parties, it is directed to release the petitioner on bail in the

aforesaid case on such terms and conditions to be fixed by

the learned court below in seisin over the matter including

the condition that the petitioner shall not dissuade any

witness directly or indirectly by way of inducement, threat or

promise acquainted with the facts of the case from disclosing

such facts before the Court or tamper with the evidence and

he shall appear before the trial court on each date fixed.

The BLAPL is accordingly disposed of.

Copy of this order be uploaded in the High

Court’s official website as per Court’s Notice No.4798, dated

15^th April, 2021.

……………………………..

B.P.Routray, J