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Judgment
R.K. Pattanaik, J
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under Section 439 of Cr.P.C for grant of bail to the petitioners in connection with Khantapada P.S. Case No.179 of 2021 corresponding to C.T. Case No.546 of 2021 pending in the court of learned J.M.F.C.(R), Balasore for offence punishable under Section 302/34 o the IPC.
Perused the FIR and other documents.
The incident is dated 16.06.2021. As per the F.I.R., complainant's brother aged about 21 years was working as a helper in the truck bearing Registration No.OR-01L-7969 and on the same day at about 3.00 AM, the vehicle was proceeding to Ulbaria from Bhadrak loaded with cattle and on the way on NH-16 in front of Megha Petrol Pump, a bolero vehicle with 7 to 8 persons arrived and tried to stop the truck by terrorizing the driver, who, however apprehending danger did not spot there, where after, the said persons pelted stones at them one of which hit the head of his helper brother and it caused an injury, for which, he become unconscious and was then shifted to the hospital at Bhadrak but while under treatment, succumbed to the injury. In that connection, the petitioners were arrested and forwarded to the court and since then, they are in judicial custody.
Learned counsel for the petitioners submits that the accused persons are not involved, whereas, the incident happened when the vehicle was not stopped by driver and considering the circumstances under which the alleged happened and the fact that charge sheet has already filed in the meantime, the accused persons should be enlarged on bail.
Learned counsel for the State described the incident and circumstances under which the deceased was hit which led to his death.
Considering the submissions made and circumstances leading to the death of the helper deceased while the accused persons were trying to stop the vehicle and the fact that in the meantime charge sheet is filed, the Court is of the considered view that the petitioners should be released on bail with condition.
In the result, it is directed that the petitioners be released on bail on furnishing bail bonds of Rs.30,000/-(Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the court in seisin over of the matter with a condition that they shall not influence the material witnesses, in any manner whatsoever, while on bail.
The BLAPL is disposed of.
Urgent certified copy of this order be granted as per rules.
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