Bidhan Mirdha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7937 of 2021 Bidhan Mirdha ....

Petitioner M/s. P.K.Nanda, Advocate -versusState of Orissa ....

Opp. Party M/s. D. Nayak, A.G.A.

CORAM:

JUSTICE G. SATAPATHY Order No.

ORDER

24.08.2022 05.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

This is an application U/S. 439 of Cr.P.C. by the Petitioner for grant of bail in connection with Kaimela P.S. Case No.166 of 2019 corresponding to C.T. No. 59 of 2020 arising out of G.R. Case No. 337 of 2019 pending in the Court of learned Sessions Judge, Malkangiri for commission of offences punishable under Sections 323/294/307/302/506/34 I.P.C. on the main allegation of committing murder of two persons and attempt to murder of four persons. 3.

In course of hearing of bail application learned counsel for the petitioner submits that no intention has been ascribed against the petitioner for causing murder and all the allegations levelled against the petitioner are motivated and false and the petitioner having no criminal antecedent should be enlarged on bail. 4.

On the contrary, learned counsel for the State, however, vehemently opposes the bail application of the petitioner and he, inter alia submits that due to stabbing by the petitioner, two innocent ladies died and four had got injured.

5.

On coming back the materials placed on record, it is found that

// 2 // there is allegation against the petitioner for stabbing some covillagers and the record also reveals death of two persons and injuries on four persons. Further, it is alleged that the petitioner and coaccused are responsible for the death of the two persons and injuries to other four persons.

6.

Considering the nature and gravity of accusation against the petitioner coupled with facts narrated above and regard being had to the seriousness of allegation levelled against the petitioner for commission of murder and attempt to murder of some innocent persons and the enormity of punishment prescribed for such offences of murder and attempt to murder, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application stands rejected.

7.

Since submission was advanced on behalf of the petitioner for early conclusion of trial, the learned trial Court is requested to conclude the trial as expeditiously as possible. ( G. Satapathy) Judge Kishore