The court allowed bail to the petitioner charged with offenses under IPC 498A/304B/302/34. The judge found the petitioner was not present during the suicide, had surrendered, and posed no risk of absconding or evidence tampering.
The petitioner be released on bail on such terms and conditions as deemed just and proper by the learned J.M.F.C., Aul.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.8849 of 2019
Heard learned counsel for the petitioner and the learned Additional Standing Counsel for the State.
The petitioner- Bibekananda Behera is in custody for alleged commission of offences punishable under Sections 498A/ 304B/ 302/34 of the I.P.C. read with Section 4 of the D.P. Act in G.R. Case No.461 of 2016, of the court of the learned J.M.F.C., Aul, arising out of Rajkanika P.S. Case No.246 of 2016.
The petitioner had earlier filed an application under Section 438 of the Cr.P.C. which was registered as ABLAPL No.14639 of 2018 wherein the petitioner was directed to surrender before the learned J.M.F.C., Aul and before the learned Sessions Judge, Kendrapara on the same day. Pursuant to the said order, the petitioner surrendered before the court of the learned J.M.F.C., Aul.
Having heard the learned counsel for the petitioner and the learned Additional Standing Counsel and on perusal of the statement of Rebati Sahoo, it is clear that the petitioner was not present while the occurrence took place. In fact, few months before suicide committed by the deceased, the petitioner had been to Mumbai for earning livelihood. In the meantime, charge-sheet has been submitted under Section 498A/304B/306/34 of the I.P.C. read with Section 4 of the D.P. Act in the aforesaid case. From the above, it is clear that case under Section 302 of the I.P.C. is not made out against the petitioner. On the date on which the deceased committed suicide, the petitioner was not present in his house situated in his village. The petitioner in due compliance of the order passed by this Court has surrendered before the learned J.M.F.C., Aul. That apart, the petitioner is also a permanent resident of village- Bandhapada, P.S.- Rajkanika, in the district of Kendrapara. Hence, there is no reasonable
2
apprehension of his abscondance from the process of justice. There is also no allegation on behalf of the prosecution that the petitioner will tamper with the prosecution evidence, if he is released on bail.
In that view of the matter, the application for bail of the petitioner is allowed. Let the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned J.M.F.C., Aul.
Accordingly, the BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………….. S. K. Mishra, J.
BJ
3 issues framed by the court
Whether the application for bail should be allowed given the petitioner's absence at the time of the alleged offence and no record of abscondence.
Whether the death charge under Section 302 IPC is made out against the petitioner.
Whether there is reasonable apprehension of tampering with evidence or abscondence.
2 provisions across 2 enactments
Bibekananda Behera
State
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
