Raj Kumar Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7220 OF 2022 Raj Kumar Majhi .........

Petitioner Mr. S.Hota, Adv.

-versusState of Odisha .........

Opposite Party Mr. A.Pradhan,ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

23.08.2022 Order No.

O1.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State 4.

The petitioner is an accused in connection with Buden P.S. Case No. 125 of 2021 corresponding to G.R. Case No. 1029 of 2021, pending on the file of the learned Addl. Sessions Judge, Padampur, for commission of the alleged offence under Sections 363/302/364/201 of the I.P.C.

5.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Padampur by order dated 8.07.2022, the present BLAPL has been filed.

6.

Learned counsel for the petitioner submits that there is no admissible evidence so as to implicate the petitioner in the case at

hand inasmuch as he submits that it is based on the confession made before the Police Officer, which is not admissible. 7.

Per contra, learned counsel for the State places reliance on the 164 Cr.P.C. statement of the mother of the deceasedvictim. 8.

On consideration of the same and taking into account the inquest report and statement of other witnesses, this Court is not persuaded to enlarge the petitioner on bail at this stage. 9.

It shall be open to the petitioner to renew his prayer after examination of Dulana Sahu, mother of the deceased-victim. 10.

Accordingly, the BLAPL stands rejected.

( V.Narasingh ) Judge Dhal