Bulu @ Surath Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4537 of 2021 Bulu@Surath Jena ....

Petitioner Mr. B.R. Mohanty, Advocate -versusState of Orissa ....

Opposite Party Mr. K. Das, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

24.11.2022 Order No.

09.

1. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.147/148/294/324/326(A)/ 307/436/ 506/149, I.P.C.

2. Heard Mr. B.R. Mohanty, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted that though the Petitioner is inside custody since 17.4.2019, but the trial is yet to complete and only eight witnesses have been examined till date. It is further submitted that none of the witnesses are supporting the prosecution case in respect of the present Petitioner.

4. Upon hearing Mr. K. Das, learned Additional Standing Counsel for the State-Opposite Party and upon perusal of the copies of the depositions of P.Ws.1 to 8, I do not find any merit in the contention of the counsel for the Petitioner that they have not supported the prosecution case in respect of the Petitioner. All of the witnesses have stated categorically about the occurrence and

involvement of the villagers of Chapamanik where the present Petitioner is a resident.

5. Considering all such factors and the statements of the witnesses and other materials brought on record, I am not inclined to release the Petitioner on bail by deferring from earlier order of this Court dated 03.11.2020 passed in BLAPL No.7697 of 2019. Accordingly, the prayer for bail is rejected.

6. The BLAPL is dismissed.

7. The copies of the depositions as filed by Mr. B.R. Mohanty, learned counsel for the Petitioner are kept on record. ( B.P. Routray) Judge B.K. Barik