Achut Bhoi @ Achyuta Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.923 of 2022 Achut Bhoi@Achyuta Bhoi ....

Petitioner Mr. S.K. Joshi, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Mohanty, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

27.04.2022 Order No.

01.

1. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.302/201/34, I.P.C.

2. The certified copies of the depositions filed by the Petitioner are kept on record.

3. Heard Mr. S.K. Joshi, learned counsel for the Petitioner as well as Mr. P.K. Mohanty, learned A.S.C. for the State-Opposite Party.

4. It is submitted that the Petitioner is inside custody since 3.7.2019 and in the meantime 15 out of 21 charge-sheeted witnesses have already been examined in course of trial. Amongst them, all such eye-witnesses have not supported the prosecution case except P.W.3, and the said P.W.3 though has specifically named other accused persons in his cross-examination but did not choose to take name of the present Petitioner regarding his overtact.

5. Upon hearing learned A.S.C. for the State-Opposite Party and considering the evidences of those witnesses viz. P.W.1 to 15 including P.W.3, it is directed to release the Petitioner on bail in connection with Bangomunda P.S.

Case No.44/2019 corresponding to S.T. Case No.19/2020 on such terms and conditions to be fixed by the learned Addl. Sessions Judge, Kantabanji as he deems just and proper including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

6. The BLAPL is accordingly disposed of.

7. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik