SANKAR PANDA Vs. STATE OF ODISHA

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 Petitioner for grant of bail in connection with G.R. Case No.2385 of 2022 arising out of Sadar P.S. Case No.404 dtd. 12/9/2022 pending in the file of learned J.M.F.C.(R), Cuttack for commission of offences punishable under Sec. 302 of IPC, on the allegation of committing murder of one Radha Patra.

(3.) In the course of hearing of the bail application, Mr. S.R. Rout, learned counsel for the Petitioner submits that there was no intention on the part of the Petitioner to kill the deceased and the deceased had probably died on account of fall on the ground in an inebriated condition and even if, the materials on record are taken into consideration, no case U/S. 302 of IPC is attracted against the Petitioner, rather at best a case U/S. 304-II IPC may be attracted against the Petitioner and the Petitioner having already detained in custody for near about one year and in the meanwhile, charge-sheet has already been submitted in this case. On these grounds, learned counsel prays to grant bail to the Petitioner.