Orissa High Court
Railu Durua vs State Of Odisha on 16 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 589 of 2021
Railu Durua .... Petitioner
Mr. R.P. Pattnaik, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. A.K. Beura, A.S.C.
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
16.08.2021
04. This matter is taken up through Hybrid
arrangement (video conferencing/physical Mode).
This is an application under section 439 of
Cr.P.C. for grant of bail to the petitioner in connection
with Kotpad P.S. Case No.53 of 2010 corresponding to
C.T. Case No.1 of 2020 pending in the court of
learned Sessions Judge, Koraput at Jeypore for
alleged commission of offences under sections
302/201/34 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected
by the learned Sessions Judge, Jeypore vide order
dated 27.05.2020
// 2 //
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 16.12.2019
and the case is posted in the learned trial Court for
framing of the charge and some of the co-accused
persons earlier faced trial in Crl. Trial No.159 of 2010
in the Court of learned Sessions Judge, Koraput at
Jeypore and vide judgment and order dated
16.03.2012, they were acquitted of all the charges and
during trial, none of the witnesses have supported the
prosecution case. Learned counsel for the petitioner
submitted that since the witnesses have not stated
anything, in case they are examined in the trial of the
petitioner is an accused and depose similarly as per
their statements recorded in the trial of the co-
accused persons, there is every chance of the
petitioner being acquitted and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and submitted that the
case is of the year 2010 and the petitioner was an
absconder for about nine years. He also placed the
relevant parts of the judgment of the co-accused
persons.
Considering the submissions made by the
learned counsel for the respective parties, the nature
of evidence adduced in the trial Court during the trial
// 3 //
of the co-accused persons and the period of detention
of the petitioner in judicial custody, I am inclined to
release the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of
Rs.50,000.00 (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
satisfaction of the Court in seisin over the matter with
further terms and conditions as the learned Court
may deem just and proper with further conditions
that the petitioner shall appear before the learned
trial Court on each date when the case would be fixed
for trial. Violation of any of the conditions shall entail
cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order is granted
on proper application.
( S.K. Sahoo)
Judge
P
