SAMIR KUMAR SAMAL 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.50 of 2023 arising out of Tirtol P.S. Case No.350 of 2022 pending in the file of learned Addl. Sessions Judge, Jagatsinghpur for commission of offence punishable under Sec. 304 of IPC, on the allegation of administering some Ayurvedic medicine without any authority to the deceased which eventually became the cause of death of the deceased.

(3.) In the course of hearing of the bail application, Mr. G.M.Rath, learned counsel for the petitioner submits that although the FIR was lodged against the petitioner for offence U/S. 302 of IPC, but after completion of investigation, charge sheet has been submitted against the petitioner for offence U/s. 304 of IPC which speaks of culpable homicide not amounting to murder and thereby, no intention can be attributed to the petitioner for causing death of the deceased. It is further submitted that the petitioner being aged about 49 years and having detained in custody since 3/11/2022, may kindly be granted bail.