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Judgment
B. P. Routray, J
Heard Mr. Ashok Mohanty, learned Senior counsel for the Petitioner, Mr. S. Mohanty, learned counsel for the informant and Mr. S.N. Mishra, learned Additional Government Advocate.
This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Jyotirmaya Mohanty @ Kalu in connection with Sarankul P.S. Case No.51 of 2019 corresponding to S.T. Case No.4/7 of 2020 (G.R. Case No.150 of 2019) pending in the court of learned Additional Sessions Judge, Khordha for alleged commission of offence under Sections 364/302/201/120-B/34 of the Indian Penal Code.
It is submitted on behalf of the Petitioner that he is inside custody since 17th July, 2019 and in the meantime investigation being completed charge-sheet has been filed on 31st October, 2019. But till date, charge has not been framed. It is further submitted that except extra-judicial confession, no other material is available against the Petitioner and in the meantime all the co-accused persons have been released on bail by this court in different bail applications.
Learned counsel appearing for the informant opposes the prayer of the Petitioner by submitting that besides extra-judicial confession, call detail reports are also available against the Petitioner implicating him in the alleged offences.
Mr. Mishra, learned AGA submits that the present Petitioner is the principal accused and master mind in commission of the offences.
After hearing all the parties and considering the fact of release of other co-accused persons on bail and the delay in commencement of trial as well as the nature of materials available against the Petitioner, it is directed to release the present Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.
The BLAPL is accordingly disposed of.
An urgent certified copy of this order be issued as per rules.
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