Bakula Behera Vs State Of Odisha

Orissa High Court 4 Sep 2023 Bail Application No. 5987 Of 2023
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application No. 5987 Of 2023

Hon'ble Bench

B. P. Routray, J

Advocates

S.P. Jena, K.K. Das

Final Decision

Disposed Of

Acts Referred

Code of Criminal Procedure, 1973 — Section 439#Indian Penal Code, 1860 — Section 143, 144, 147, 148, 149, 294, 302, 307, 323, 341

Judgement Text

Translate:

B. P. Routray, J

1. The matter is taken up through hybrid mode.

2. Heard Mr. S.P. Jena, learned counsel for the Petitioner and Mr. K.K. Das, learned Additional Standing Counsel for Opposite Party - State.

3. This application under Section 439 Cr.P.C. is for grant of bail to the Petitioner Bakula Behera in connection with Bhadrak Rural P.S. Case No.210

of 2017 corresponding to S.T. Case No.20 of 2020 (G.R. Case No.673 of 2017) pending in the court of learned Additional Sessions Judge, Bhadrak

for alleged commission of offence under Sections 147/143/144/148/149/341/323/294/307/302 of the Indian Penal Code.

4. It is submitted on behalf of the Petitioner that he is inside custody since 9th August 2019 and the trial is yet to complete. It is further submitted that

the Petitioner is standing on similar footing with co-accused Sridhar Behera, who has already been released on bail by this court.

5. Heard Mr. K.K. Das, learned ASC for State and perused the copies of depositions of P.W.1 to P.W.4.

6. This is a case of double murder and there are eye witnesses to the occurrence. Having gone through the evidences of P.W.1 and other witnesses

examined in course of trial, I am not inclined to release the Petitioner on bail. So far as the contention regarding parity with Sridhar Behera is

concerned, the Petitioner is not found standing on similar footing with him since he remained absconded for around 2 years and facing trial in the split

up case. As such, the prayer for bail is rejected.

7. However, considering the delay in completion of trial, learned trial court is directed to take expeditious steps for early completion of the same,

preferably within a period of six months from the date of receipt of copy of this order.

8. The BLAPL is accordingly disposed of.

………………………………

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