Allowed

Chitrasen Behera v. State of Odisha

Orissa HC13 Aug 2021BLAPL/2777/2021

Case brief

AI extract

What is this about?

High Court allowed bail to the petitioner in a murder case where the key prosecution witness turned hostile after examination in trial court, considering the period of judicial custody and change in circumstances, directing release upon furnishing bail bond.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs.50,000 with two local solvent sureties each for the same amount subject to standard conditions.

Chitrasen Behera Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.2777 of 2021

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Chitrasen Behera

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…. Petitioner

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Mr. S.S. Ray(2), Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

Order No.

02.

JUSTICE S.K. SAHOO
ORDER
13.08.2021

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This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.86 of 2019 arising out of Dharakote P.S. Case No.72 of 2019 pending in the Court of learned Additional Sessions Judge, Aska for offence punishable under section 302/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Aska which was rejected on 09.03.2021.

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The petitioner approached this Court earlier in BLAPL No.2442 of 2020 along with one Judhistir Behera and as

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per order dated 21.12.2020, the bail application was rejected relying on the statement of the eye witness Arati Behera, who is the niece of the petitioner and the learned trial Court was directed to expedite the framing of charge and at the first instance, take steps for examination of the witness Arati Behera and liberty was granted to the petitioner to renew the prayer for bail after examination of the said witness.

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Mr. S.S. Ray(2), learned counsel for the petitioner submitted that the petitioner is in judicial custody since 26.05.2019 and, in the meantime, trial has commenced and the star witness on behalf of the prosecution Arati Behera relying on whose statement the earlier bail application of the petitioner has been rejected, has been examined as P.W.3 in the trial Court and she has not supported the prosecution case and has been declared hostile by the prosecution. Learned counsel for the petitioner has annexed the deposition copy of Arati Behera as Annexure-3 to the bail application. Learned counsel further contended that in view of the change in the circumstances and taking into account the period of detention of the petitioner in judicial custody, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State placed the evidence of P.W.3 Arati Behera.

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Considering the submissions made by the learned counsel for the respective parties, since the star witness of the prosecution Arati Behera (P.W.3) has not supported

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the prosecution case and taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall not try to tamper with the prosecution evidence and shall appear before the learned trial Court on each date when the case would be fixed for trial.

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Violation of any terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of. Urgent certified copy of this order be granted as per rules.

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( S.K. Sahoo)

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RKM

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Chitrasen Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chitrasen Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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