LIMA DIGAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Balliguda P.S. Case No. 230 of 2022 corresponding to S.T. Case No. 45 of 2023 pending in the Court of learned Additional District and Sessions Judge, Balliguda for commission of offence punishable Under Ss. 302 and 120-B of IPC and U/S. 18 of the Unlawful Activities (Prevention) Act, on the allegation of providing information about the deceased to Naxalites who killed the deceased Nilakantha Mallick.

(3.) In the course of hearing of the bail application, Mr. M. Das, learned counsel for the Petitioner submits that although FIR has been lodged against unknown persons for commission of murder of the deceased Nilakantha Mallick, but the present Petitioner has been implicated in this case only after recording of statement of one Ananda Kanhar whose statement was recorded after one month four days of the occurrence and, thereby, the Petitioner having falsely implicated in this case, Sec. -43-D(5) of UAP Act would not be attracted against the Petitioner for refusing bail to him. It is further submitted by him that the Petitioner has been detained in custody since 6/11/2022 and in meanwhile, charge sheet has been submitted without any report of criminal antecedent against the Petitioner and the Petitioner, therefore, may kindly be granted bail.