AKSHAYA KUMAR PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid arrangement (virtual/physical mode).

(2.) This is the successive journey of the Petitioner, who is in custody in connection with Khandagiri P.S. Case No.48 of 2018 corresponding to C.T. Case No.14/160 of 2018 pending on the file of the learned 2nd Additional Sessions Judge, Bhubaneswar, running for the alleged commission of offence under Sec. 365/342 of the I.P.C., in filing this application under Sec. 439, Cr.P.C., for his release on bail.

(3.) Learned counsel for the Petitioner submits that this Petitioner being arrested in the case on 6/5/2018 is in custody since then. He further submits that on the last occasion by order dtd. 30/9/2022, the Petitioner had been granted interim bail as this Court then was not inclined to grant regular bail to the Petitioner pending conclusion of the Trial and after expiry of the said period of interim bail, the Petitioner had surrendered in court in time and is now in custody. It is submitted that despite such long period of detention of the Petitioner in custody when up-till the last date of disposal of BLAPL No.4640 of 2022, the prosecution had examined nine witnesses out of 39-40 during this one year, there has been the improvement by addition of two more. He therefore, submits that if in this way the trial goes on at a snail's space, its conclusion is not expected so soon and for that the Petitioner and his family members are unnecessarily suffering. He also submits that the co-accused-Kailash who, according to the case of the prosecution is the principal accused is in custody. In view of all these above, when there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence at this stage, does not arise, he urges for reconsideration of the prayer for grant of bail to this Petitioner.