Bishnu Behera @ Puchu vs State Of Odisha
2023 Latest Caselaw 6631 Ori

Citation : 2023 Latest Caselaw 6631 Ori
Judgement Date : 19 May, 2023

Orissa High Court

Bishnu Behera @ Puchu vs State Of Odisha on 19 May, 2023

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  ABLAPL No.4654 of 2023

                Bishnu Behera @ Puchu                   ....          Petitioner
                                                        Mr.N.K. Rout, Advocate

                                            -versus-

                State of Odisha                         ....           Opp. Party
                                                               Mr.S. Patra, ASC

                         CORAM:
                         JUSTICE CHITTARANJAN DASH
                                        ORDER

Order No. 19.05.2023

01. 1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.341/294/323/325/427/363/307/506/34 IPC.

3. It is submitted by the learned counsel for the Petitioner that the Petitioner has not been named in the FIR nor primary charge sheet carries his name. It is further submitted that the trial in this split up case is commenced in C.T. Case No.3 of 2021 and vide judgment dated 4th October, 2021, the learned Sessions Judge observed in paragraph-9 at Page 24 that due to vehicular accident, however, as submitted by the learned counsel for the Petitioner the investigation is still open apprehending his arrest, the Petitioner seeks pre arrest bail.

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4. Keeping in view the fact that the name of the Petitioner does not find in the F.I.R. and there is no whisper in the statement of the witnesses, in the event his name finds place if at all in course of investigation be released on bail by the Arresting Officer on such terms and condition as deemed fit and proper. In the event no arrest is contemplated by the Arresting Officer within three weeks hence, the Petitioner, if so chooses, may surrender before the court in seisin over the matter and move for bail, in which event, he shall be admitted to bail by the court concerned on such terms and condition the learned court deems just and proper. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge

KRUSHNA Digitally by KRUSHNA signed

CHANDR CHANDRA BISOI Date: 2023.05.20 A BISOI 12:06:40 +05'30'

KC Bisoi