High CourtsSingle Bench(2024) 05 OHC CK 0129

Sanatan Rana vs State Of Odisha

Orissa High Court · Decided on 8 May 2024

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No.13412 Of 2023

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Judgment

11 paragraphs · 292 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

The petitioner is in custody since 30.12.2022 in connection with Kabisuryanagar P.S. Case No.294 of 2022 corresponding to G.R. Case No.288 of 2022 pending in the Court of learned J.M.F.C., Kabisuryanagar for the alleged commission of offence under Sections 302/ 450/341/323/354-A/ 364/ 506/ 34 of IPC read with Section 25 and 27 of Arms Act.

3.

It is alleged that the petitioner being associated with several other persons and armed with deadly weapons, entered into the house of the informant and dragged her husband with the intention of kidnapping him. Subsequently, they killed him. It is submitted that the accusations are directed against one Jogendra Dalei and his sons but not against the petitioner.

4.

Learned State Counsel however, submits that several witnesses including the informant, who is the eye-witness, has clearly stated that all the accused persons were involved in the alleged occurrence. Copies of the depositions of all the 22 witnesses examined so far are available in the case record. It is revealed that the informant (P.W.-1),

P.W.-2 and P.W.-3 have stated in vivid details about the occurrence including the role played by the accused persons including the petitioner. Though Jogendra appears to be the principal accused undoubtedly, yet the petitioner is also involved in the occurrence.

5.

Having regard to the fact that this is a strong prima facie case against the petitioner I am not inclined to allow the prayer for bail, which is therefore, rejected.

6.

It shall be open to the petitioner to renew his prayer for bail before the Court below after examination of some more witnesses.

7.

BLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules.

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