DANDEI Vs. STATE OF ORISSA

JUDGEMENT

(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 Petitioners for grant of bail in connection with Laxmisagar P.S. Case No.190 of 2021 corresponding to C.T. Case No.3222 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for commission of offence punishable U/Ss. 302/34 of the I.P.C. on the allegation that the petitioners and others in furtherance of their common intention called the deceased to a nearby place and killed him by using knife and iron pipe.

(3.) In the course of hearing of the bail application, learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case by the informant group in order to get rid of the case lodged by petitioner no.2-Raju Reddy for assault on him by the deceased and his associates which is quite evident from the FIR lodged in Laxmisagar P.S. Case No.189 of 2021. It is further submitted that even if for a moment, the allegations on record are taken to be true on the face of it, no offence U/S. 302 of the IPC is attracted against the petitioners in absence of any intention to cause death of the deceased and further the allegation of murder is against co-accused Chandra Reddy and Meena Reddy who had given recovery of weapon of offence pursuant to their disclosure statement. It is further submitted that at best the materials on record would disclose about presence of petitioners at the spot and although the petitioners are innocent but they are languishing inside the jail custody since 8/6/2021 and in the mean while, charge-sheet has already been submitted in this case and there is hardly any chance of tampering of the witnesses by the petitioners. Learned counsel for the petitioners under these submissions prays to grant bail to the petitioners.