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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioners and learned Addl. Standing Counsel for the State.
The petitioners are in custody in connection with Angul Sadar P.S. Case No.568/2021 corresponding to G.R. Case No.1296/2021 pending in the court of learned S.D.J.M., Angul for the alleged commission of the offence under Sections 302/34 of I.P.C.
This is successive bail application filed by the petitioner seeking bail application purportedly on the changed circumstances of examination of eye-witnesses during trial, who have not implicated him. The evidence of one Bijay Kumar Sahoo, who happens to be the sole eye-witness is relied upon by Ms. Ananya Mishra. Referring to the deposition of said witness, Ms. Mishra submits that his evidence is full of contradictions and inconsistence. That apart, it cannot be believed that not being a local person he could identify the accused persons as clearly as he has stated on oath.
Learned State Counsel has opposed the prayer for bail by submitting that the grounds raised by the petitioner can be considered only at the time of trial.
Having heard learned counsel for the petitioners and learned State Counsel as also having perused the evidence of the eye-witnesses, Bijaya Kumar Sahoo, this Court is not persuaded to take a different view than what was taken earlier. In other words, this Court finds a strong prima facie case against the petitioners.
Under such circumstances, I am not inclined to allow the prayer for bail, which is therefore, rejected.
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