LULU 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 C.T. Case No.619 of 2022 arising out of Kundheigola P.S. Case No.272 of 2022 pending in the file of learned J.M.F.C., Reamal, for commission of offences punishable under Ss. 120-B/302/506/34 of IPC, on the allegation of committing murder of one Api @ Upendra Bagh suspecting him to have illicit relationship with wife of one co-accused in furtherance of their common intention.

(3.) In the course of hearing of the bail application, Mr. S. Dwibedi, learned counsel for the petitioner submits that although there is allegation against the petitioner for assaulting the deceased in the morning hour, but he has absolutely no role in commission of murder of the deceased, rather the petitioner has been falsely implicated in this case and the main allegation of killing the deceased is directed against the co-accused Nalu @ Akhay Kumar Pradhan and his father Lalita Pradhan. It is further submitted by him that the present petitioner has been detained in custody since 2/8/2022 and there is no direct evidence against the present petitioner and the present petitioner having detained unnecessarily in custody, may kindly be granted bail.