Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.84 of 2025
Ganga Nayak
…. Petitioner
Mr. Dushmanta Kumar Biswal, Advocate
-versus-
State of Odisha
…. Opp. Party Mr. S.N. Biswal, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 22.01.2025
02.
1. This is the second round journey of the petitioner seeking for grant of bail. Earlier, the bail application of the petitioner was turned down by this Court vide
order dated 27.09.2024. However, liberty was granted to the petitioner to renew his plea after the injured eye witness namely Parbati Nayak and the informant- Manorama Nayak are examined. The said two p. 2 witnesses have already been examined. Both the witnesses have not supported the prosecution case.
2. The petitioner had renewed the bail plea before the trial Court, inter alia, urging that since the injured witness and the informant have not supported the prosecution case, he is entitled for grant of bail. The trial Court rejected the bail application of the petitioner on the ground that three eye witnesses namely Jhinka Nayak, Pandu Nayak and Rabi Narayan Sahu are yet to be examined.
3. I have perused the statement of those three witnesses recorded under Section 161 of the Cr. P.C. Those three witnesses are the eye witnesses to the occurrence. Therefore, the learned trial Court has rightly rejected the application of the petitioner.
4. I find no reason to interfere with the impugned
order. The eye witness namely Parbati Nayak and Manorama Nayak although are vital witnesses and have not supported the prosecution case, but at the same time other eye witnesses are yet to be examined. Hence at this stage, the petitioner is not entitled to bail.
5. Let the petitioner renew his bail plea after the above named three witnesses are examined.
6. The learned trial Court is directed to examine the aforementioned three witnesses preferentially over all other formal witnesses preferably within a period of three months. p. 3
7. The BLAPL is
disposed of with the aforementioned observation.
(S.S. Mishra) Judge Subhasis
Designation: Personal Assistant Location: High Court of Orissa, Cuttack.