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Judgment
G. Satapathy, J.
This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Kamakhyanagar P.S. Case No.198 of 2007 corresponding to G.R. Case No. 703(A) of 2007 pending in the Court of learned SDJM, Kamakhyanagar, for commission of offence punishable U/Ss. 294/302/34 of IPC, on the main allegation of committing murder of one Bidyadhar Mohanty by assaulting him, along with co-accused persons.
In the course of hearing, Ms. Dipti Dhall, learned counsel for the petitioner submits that the co-accused persons having faced the trial, have been convicted for offence U/S.304-I of IPC and, therefore, the petitioner’s role being not defined in the allegation and he having been taken into custody, he may kindly be granted bail.
On the other hand, Mr. R.B. Mishra, learned Addl. PP submits that not only the petitioner has avoided the process of law for long 19 years, but also there are materials and evidence against the petitioner for his involvement in the crime and, therefore, the bail application of the petitioner may kindly be rejected.
After having considered the rival submissions upon perusal of record, not only there appears allegation against the petitioner for committing murder of the deceased, but also as per the submission advanced for the petitioner, co-accused persons have been convicted for offence U/S.304-I of the IPC. Besides, the PM report of the deceased discloses his cause of death to be on account of cranio cerebral injuries as a result of blunt force trauma and its complications. Additionally, the learned Court in seisin over the matter by perusing the FIR & statements collected during investigation and the evidence of witnesses recorded U/S.299 of the CrPC, has rejected the bail application of the petitioner. It is not in dispute that the alleged incident took place on 18.12.2007, but the petitioner was arrested in this case on 25.05.2026 after a gap of around 19 years and that too on the strength of an NBWA.
In the aforesaid premises and taking into account the nature and gravity of the offences as alleged against the petitioner vis-‡-vis the accusations sought to be brought against him and regard being had to the materials collected in support of the allegation against the petitioner, this Court is not inclined to grant bail to the petitioner.
Hence, the bail application of the petitioner stands rejected. Accordingly, the bail application stands disposed of. A soft copy of this judgment be immediately transmitted to the Court in seisin over the matter for reference.