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Judgment
G. Satapathy, J.
This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kotpad PS Case No.201 of 2022 corresponding to CT Case No.48 of 2023 pending in the file of learned Additional District and Sessions Judge-Cum-Special Judge, At-Jeypore, Dist-Koraput, for commission of offences punishable U/Ss.302/201/34 of IPC, on the main allegation of assaulting the deceased Aman Jaiswal to death, along with co-accused persons and disposing the dead body to cause disappearance of evidence.
Heard, Mr. Suchit Kumar Nayak, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record.
Admittedly, the petitioner is in custody since 30.12.2022, but only 1 out of 22 charge-sheeted witnesses has been examined and there is no immediate prospect of conclusion of trial in near future. Further, the main allegation of giving blows to the deceased by means of a stick is directed against co-accused Dhanurjaya Soura @ Badal. In the aforesaid facts and situation and there being no direct evidence available against the petitioner and the case being based on circumstantial evidence, but trial having progressing at snail pace and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail.
Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following condition:-
the petitioner shall co-operate the trial.
Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.