AJAYA SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

(2.) This is an application under Sec. 439 of Cr.P.C. in connection with Choudwar Sadar P.S. Case No.343 of 2019 corresponding to S.T. Case No.103 of 2021 pending in the Court of learned 1st Addl. Sessions Judge, Cuttack for offences punishable under Sec. 394/307/302 of the Indian Penal Code read with Sec. 25/27 of the Arms Act. The petitioner moved an application for bail before the Court of learned 1st Addl. Sessions Judge, Cuttack which was rejected on 7/4/2023.

(3.) Learned counsel for the petitioner submitted that the petitioner was taken on remand in connection with this case on 30/11/2019 and out of twenty three charge sheeted witnesses, only one witness has been examined so far in the learned trial Court and in view of the delayed disposal of the trial, the bail application of the petitioner may be favourably considered. As per the order dtd. 28/7/2023, learned trial Court i.e. 1st Addl. Sessions Judge, Cuttack has submitted the status report dtd. 1/8/2023 which also indicates the same. Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that there are sixteen numbers of criminal antecedents against the petitioner.