BLAPL/12660/2024 of JUNESH RAITA @ RAITO Vs STATE OF ODISHA on 24 December 2024

1. This matter is taken up through hybrid arrangement.

01. 1Signature Not Verified

Digitally Signed2. Heard learned counsel for the Petitioner and learned Signed by: AYASKANTA JENADesignation: Personal AssistantReason: Authenticationcounsel for the State. Location: High Court of OrissaDate: 24-Dec-2024 16:29:58

3. The Petitioner being in custody in connection with S.T. Case No.57 of 2021 arising out of Adava P.S. Case No.63/2021 corresponding to G.R. Case No.139/2021 pending in the Court of learned Addl. Sessions Judge, Paralakhemundi, District- Gajapati, registered for the alleged commission of offence under 302 and 34 of the I.P.C, has filed this application for his release on bail. 4. The allegation of the prosecution is that on 12.06.2021 at about 5.00 P.M. some villagers called Luka Dalabehera and organized a meeting near the house of one Joshua Gamango. After sometime, one Debo Mistry called the brother of the informant in the said meeting and made both of them liable for making black magic. Thereafter, all the villagers including the Petitioner dragged the deceased and his son to the outskirts of the village and assaulted them brutally, as a result of which, the deceased succumbed to the injuries. Subsequently, the son of the deceased managed to escape from their clutches and informed his family members regarding the death of his father. Thereafter, the family members of the deceased went to the spot and found him dead. Subsequently, an F.I.R was lodged. Upon conclusion of investigation, the Signature Not Verified Petitioner was arrested and has been languishing in custody since 15.06.2021.

Digitally SignedSigned by: AYASKANTA JENADesignation: Personal AssistantReason: AuthenticationLocation: High Court of OrissaDate: 24-Dec-2024 16:29:58

5. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. He is an innocent person. Hence, he may be released on bail.

6. Learned counsel for the State vehemently opposes the prayer for bail of the present Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL.

7. Considering the nature and gravity of the accusation, character of evidence appearing against the Petitioner and the stringent punishment prescribed, this Court is of the view that there are no reasonable grounds to believe that the Petitioner has no role in the offence alleged or not likely to commit any such offence. The prayer for bail is devoid of any merit. Accordingly, the prayer for bail stands rejected.

8. This BLAPL is, accordingly, dismissed.

(Dr. S.K. Panigrahi)

Judge

Ayaskanta

Signature Not Verified

Digitally SignedSigned by: AYASKANTA JENADesignation: Personal AssistantReason: AuthenticationLocation: High Court of OrissaDate: 24-Dec-2024 16:29:58