This judgment allows three bail applications filed by school staff accused in a case involving the accidental death of a girl in a hostel. The court granted bail noting the bailability of the IPC charge, lack of criminal antecedents, and no risk of absconding.
Petitioners in all three bail applications released on bail by the Court in seisin over the matter.
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BLAPL No.4208 of 2017,
BLAPL No.4222 of 2017
And
BLAPL No.4231 of 2017
11.07.2017
All these three bail applications having arisen from one P.S. Case, i.e., Gochhapada P.
S. Case No.29 of 2017, the same are taken up together for hearing and are disposed of by this
common order.
Heard the learned counsel for the petitioners and the learned counsel for the State.
The petitioners being in custody in G.R. Case No.29 of 2017, arising out of Gochhapada
P.S. Case No.29 of 2017, pending in the court of the learned S.D.J.M., Phulbani, have filed th
is petition for their release on bail. The offences alleged against them are punishable under
Sections 304(A)/34 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Child
ren) Act.
It appears that the petitioners are the Assistant Teacher, Matron and Headmaster respec
tively of Mallickpada Sevashram School, located at Belpadar in the district of Phulbani. One d
ay, one girl child, who was inmate of the Hostel accidentally found dead in the dining hall wh
ere some of the iron cots were there. Thereafter the petitioners allegedly having not taken su
fficient precautions to keep the iron cots in a proper place and stored the same in the dining
hall, were booked in this case in the aforesaid offences.
Needless to say that offence under Section 304(A) of IPC is bailable in nature. So far
as Section 75 of the Juvenile Justice (Care and Protection of Children) Act is concerned, the
same is non-bailable in nature and prescribes punishment not less than three years, but it may
extend to ten years and fine. Investigation in this case is complete, as gathered from the co
unsel for the State. Nothing is there on record to indicate that the petitioners are persons o
f criminal antecedents. No material is also produced to indicate that they shall abscond and/o
r tamper with the prosecution evidence, if released on bail.
Therefore, regard being had to the aforesaid facts and submissions made, especially the
nature of accusation, character of evidence appearing against the petitioners in support of t
he charge, circumstances in which the deceased died, factum of completion of investigation and
hardly any material being there to suggest that the petitioners are persons of criminal antec
edents and they are likely to abscond and/or tamper with the prosecution evidence, if released
on bail, I am of the view that they deserve to be released on bail.
Hence, the petitioners in all the three bail applications be released on bail in the af
oresaid case by the Court in seisin over the matter on such terms and conditions as it would d
eem just and proper.
Accordingly, all the three bail applications stand disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
S.Pujahari, J.
2
1 issue framed by the court
Whether petitioners accused under Sections 304(A)/34 IPC and Section 75 JJ Act deserve release on bail.
2 provisions across 2 enactments
Assistant Teacher/Matron/Headmaster
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court