Orissa High Court
Daka Bhuyan vs State Of Odisha on 4 August, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.14 of 2024
Daka Bhuyan .... Appellant/
Petitioner
Mr. S.S. Ray (2), Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
Order No.
ORDER
04.08.2025
I.A. No.79 of 2025
06. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under Section 389 of Cr.P.C.
for grant of bail.
Heard.
The appellant-petitioner has been convicted under
sections 302/201 of the Indian Penal Code and sentenced
to undergo imprisonment for life and to pay a fine of
Rs.10,000/- (rupees ten thousand), in default, to undergo
further R.I. for a period of one year for the offence under
section 302 of the Indian Penal Code, R.I. for a period of
seven years and to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo further R.I. for a period
of one month for the offence under section 201 of the
Indian Penal Code and all the sentences were directed to
run concurrently by the learned 1st Additional Sessions
Judge, Berhampur in S.T. Case No.128 of 2021.
Perused the impugned judgment.
Learned counsel for the petitioner submits that the
petitioner is in judicial custody since 14.07.2021 and it is a
case based on circumstantial evidence and the deceased
Banita Gouda was found missing from her house since
08.03.2021 and the dead body of the deceased was found
on 15.03.2021. However on 25.04.2021, the parents of
the deceased filed a missing report with the police and
subsequently, they identified their daughter from the
clothing of the deceased. Accordingly, the first information
report was lodged on 12.07.2021 against unknown person.
Learned counsel further submits that the main evidence
against the petitioner is that he was last seen in the
company of the deceased and seizure of some articles of
the deceased at the instance of the petitioner. He further
submits that so far as the last seen evidence is concerned,
the relevant witnesses are P.Ws.12, 13, 14 and 19 but
none of them knew the deceased before hand and they
have all stated in their statements recorded under section
161 Cr.P.C. that they saw a long hair man carrying a girl
on a bicycle and no test identification parade has been
conducted for taking the P.Ws.12, 13, 14 and 19 as the
witnesses to identify the suspect. Therefore, the Court
identification, which was made almost after two and half
years of the occurrence should not have been acted upon
by the learned trial Court. He further submits that so far
as the seizure of articles at the instance of the petitioner is
concerned, it was a 'khas mali', which was borrowed by
the deceased from P.W.6 and P.W.7 for clicking pictures
and P.W.6 and P.W.7 only identified the same in the test
identification parade. In view of the available materials on
record, there are good chances of success in the appeal.
He further submits that there is no chance of early hearing
of the appeal in the near future as it is a jail criminal
appeal of the year 2024 and therefore, the bail application
of the petitioner may be favourably considered.
Learned counsel for the State submits that while
leaving the house, the deceased had informed her parents
that she was going to the petitioner.
Learned counsel for the petitioner submits that this
statement made by the parents is doubtful because of
lodging of the missing report without indicating that their
daughter while leaving the house had told them that she is
going to meet the petitioner.
Considering the submissions made by the learned
counsel for the respective parties, absence of any direct
evidence, the nature of circumstantial evidence available
on record, the period of detention of the petitioner in
judicial custody and absence of any chance of early
hearing of the appeal in the near future, we are inclined to
release the petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.20,000/- (rupees twenty thousand) with one local
solvent surety for the like amount to the satisfaction of
the learned trial Court.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted as per
rules.
( S.K. Sahoo)
Judge
( S.S. Mishra)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 05-Aug-2025 12:42:22
