ULU @ JUGAL K PRADHAN Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) IT appears that the petitioner in this case being in custody in G.R. Case No. 675 of 2013 arising out of Nayagarh P.S. Case 217 of 2013 pending in the court of learned SDJM, Nayagarh has come to this Court for his release on bail. The offence alleged against the petitioner is punishable under Sections 302/34 of the I.P.C.

(3.) THE materials on record would go to show that the deceased said to have stolen a mobile phone from one of the members of a 'Bol Bom' party who had camped in the village of the petitioner on the way to temple Lord Shiba, in the month of Shraban. The petitioner knowing the aforesaid fact said to have asked his villages to search the deceased and consequently deceased was brought being assaulted by the co -accused persons and the petitioner said to have tied him with a pole inside the Akhada House of the village. The other persons further assaulted him. The deceased sustained injuries and thereafter he was thrown on the verandah of his house in a critical condition. His family members then shifted him to the hospital where he succumbed to the injuries. Learned counsel further submits that the petitioner had never intended the death of the deceased nor the persons who had assaulted him had intended the death of the deceased and as such no offence under Sections 302/34 of the I.P.C. is made out against the petitioner. The petitioner is a permanent resident of his village and there is no chance of tampering prosecution evidence, if allowed to go on bail. Hence, the petitioner may be released on