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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Laikera P.S. Case No. 41 dated 08.02.2023 corresponding to C.T. Case No. 287 of 2023 pending in the file of learned SDJM, Jharsuguda for commission of offences punishable Under Sections 341/326-A/307/506/34 of IPC, on the allegation of throwing acid to the victim to kill her.
In the course of hearing of the bail application, Mrs. D.R.Nanda, learned counsel for the Petitioner submits that there is absolutely no direct evidence available against the present Petitioner and co-accused has been granted bail and, therefore, the Petitioner having detained in custody may kindly be granted bail.
On the other hand, Mr. S.S. Pradhan, learned AGA, while not disputing about the availability of no direct evidence, but he, however, strongly opposes the bail application of the Petitioner by drawing attention of the Court to the Call Details Report of the Mobile Number of the Petitioner and conference call made by him at the time of occurrence with co-accused persons.
There is no dispute that co-accused has been granted bail by this Court, but he stands on a different footing then that of the present Petitioner inasmuch as the present Petitioner has been alleged to have thrown acid along with co-accused person on the victim who is still undergoing treatment as per the submission made by the learned AGA.
In view of the above facts and after having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the Petitioner and keeping in view the mode and manner of implication of the present Petitioner and regard being had to the health condition of the victim, who has sustained burn injury on account of throwing acid on her, this Court considers it undesirable to grant bail to the Petitioner.
Hence, the bail application of the petitioner stands rejected.
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules.
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