Chaitanya Rout Vs State of Odisha

The petitioner is an accused in connection with Khantapara P.S. Case No.171 of 2023 corresponding to C.T. Case No.522 of 2023 registered under Sections341/294/323/302/34 of the IPC pending in the Court of the learned J.M.F.C.(R), Balasore. The petitioner had approached the learned Additional Sessions Judgecum-P.O., Designated Court under OPID Act, Balasore praying for grant of bail. The learned Court below vide its order dated 17.01.2024, rejected the bail application of the petitioner. Being aggrieved, the

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petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

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The prosecution case is that the house of one Babaji Rout situated in the south side of the informant's house. There was a compost pond (Khata gadia) there. Due to rain, the said compost pond was full of water and was coming to the house of the informant. For the same, the mother of the informant namely, Manjulata Sa, and his sister, protested the, for which Chaitanya and his wife abused the mother and sister of the informant. Then the petitioner assaulted the mother and sister of the informant. The mother of the informant shouted for help, on which the father of the informant protested. At that time, his wife gave a stick blow to him. In order to kill the father of the informant, the petitioner gave a thenga blow on the the head of the deceased and the wife of the said Chaitanya had caught hold of the hand of the deceased. Due to the assault, the father of the informant fell down and became senseless and immediately, he was taken to hospital and doctor declared him dead. Hence, the F.I.R.

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There were two accused persons, i.e., the present petitioner and his wife. The wife of the petitioner has already been enlarged on bail. Vide order dated 20.03.2024, a report was sought for from the Superintendent, Balasore Jail regarding the health status of the present petitioner as he was suffering

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from TB. The report dated 12.04.2024 submitted by the Medical Officer, District Jail, Balasore is placed on record. In said report, the Medical Officer inter alia stated as under:

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“I am submitting the health status report of Chaitanya Rout S/. Late Babaji Rout vide BLAPL No.1904 of 2024 of the Hon’ble High Court of Orissa at Cuttack. The patient prisoner is suffering from pulmonary TB and taking ATT. Priorly he was admitted at D.H.H., Balasore vide IPD Regd. No.140779 dt.10.03.2024 from 10.03.2024 to 14.03.2024. Then he was referred to SCB MCH, Cuttack for better treatment as per advise of the treating physician D.H.H., Balasore. He was admitted and treated at SCB MCH, Cuttack vide IPD Regd. 12179 dt.14.03.2024 from 14.03.2024 to 10.04.2024. He was diagnosed pulmonary TB on 27.03.2024. He is undergoing Antitubercular treatment from 27.03.2024 as per advise of the Specialist Dept. of Pulmonary medicine SCB MCH, Cuttack.”

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The allegation against the petitioner is that he has given a lathi blow to the victim, who succumbed to the injury. The Post Mortem report, however, indicates that the death of the deceased was due to acute myocardial infraction which is a natural disease process. It appears that this is case of single blow caused by the petitioner, which proved to be fatal. Apparently, since the victim was suffering from cardiac problem, he appears to have succumbed to the blow given by the petitioner.

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Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court, except the present one.

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Taking into consideration the period of custody

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since 11.12.2023, the nature of accusation and the fact that co-accused has already been enlarged on bail, I am inclined to admit the petitioner to bail. Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, further subject to following additional conditions :

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(i) He shall not tamper with the evidence in any manner whatsoever;

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(ii) He shall not involve in any similar type of offence.

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Violation of any of the bail conditions shall entail cancellation of bail granted to the petitioner.The prosecution is given liberty to move an application for cancellation of bail before the Court below, if the petitioner violates any conditions of the bail granted to him.

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9. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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amit

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 14-Aug-2024 14:09:25

Chaitanya Rout v. State of Odisha

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Chaitanya Rout v. State of Odisha

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