BIJAY GOUDA Vs. STATE OF ORISSA

JUDGEMENT

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

(2.) This is the second bail application U/S.439 of Cr.P.C. by the Petitioners for grant of bail in connection with Nuagaon P.S. Case No. 119 of 2023 corresponding to S.T. Case No. 207 of 2023 pending in the Court of learned 3rd Additional Sessions Judge, Berhampur, Ganjam for commission of offences punishable Under Ss. 341/ 294/ 323/ 324/ 302/ 307/ 427/ 506/ 34 of IPC, on the allegation of committing murder of the deceased by jointly assaulting him with deadly weapons along with co-accused persons.

(3.) Heard, Ms. P. Naidu, learned counsel for the petitioners and Mr.S.S.Pradhan, learned AGA in the matter and perused the record. At the outset, Ms. Pratyusha Naidu by drawing attention of the Court to the affidavit stated to be sworn in by the mother of the petitioners, which is taken on record, submits that this the second bail application of the petitioners and no bail application of the petitioners is pending before any other forum. She also files photocopy of certified copy of depositions of PWs.1 to 4 in Court today, which are taken on record. Ms. Naidu has further submitted that co-accused Pratima Gouda and Jyoshna Gouda standing on similar footing have already been granted bail by this Court in BLAPL No.5678 of 2023 and the petitioners having detained in custody since more than a year and trial having already commenced with examination of material witnesses, there would be hardly any impediment to grant bail to the present petitioners. Ms. Naidu, accordingly, prays to grant bail to the petitioners.