Binod@Manas Ranjan Panda Vs State of Odisha

This bail application under Section 439 of the Cr.P.C., filed by the petitioner has arisen out of C.T. Case No.823 of 2023 in connection with Rupsa P.S. Case No.107 of 2023 pending before the learned JMFC (R), Balasore.

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I have already heard from the learned counsel for the petitioner and learned SC for the State.

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The petitioner has been charge-sheeted under Section 498-A, 302 and 304-B of the IPC, 1860 read with Section 4 of the D.P. Act on the allegation of commission of murder as well as dowry death of his deceased wife for non-fulfilment of his unlawful demand of dowry.

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The learned counsel for the petitioner submitted for liberal consideration of his bail contending that, the wife of the petitioner

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has committed suicide 4 years after her marriage with the petitioner and the petitioner is in custody since 04.01.2024 for about more than 10 months and in the meantime, the investigation of the case has already been completed due to submission of charge-sheet by the investigating officer on dated 30.04.2024, to which, the learned SC for the State objected contending that, as the petitioner has committed murder of his wife, for which, he should not be allowed to go on bail.

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The I.O. had submitted charge-sheet stating on the basis of P.M. report about the cause of death of the deceased as poisoning keeping the final opinion about the cause of her death reserved awaiting viscera report, but the viscera report is also stating the same thing that, the cause of death of the deceased is due to poisoning, but there is no specific indication of any homicidal nature of death of the deceased either in the P.M. report or in viscera report.

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When the death of the deceased is due to poisoning and when, the charge-sheet, P.M. report and the viscera report are not showing about the homicidal nature of death of the deceased and when the petitioner is in jail custody since 04.01.2024 for about more than 10 months and when during the staying of the petitioner inside the jail custody, the investigation of the case has already been completed and when there is no certainty when the trial of the case shall be completed and when the presence of the petitioner during trial is not unsecured, as, he is a local man having his house and homestead within the jurisdiction of Rupsa P.S. in Balasore District and when the main object of bail is to secure the attendance of the accused during trial, then, at this juncture, by taking the above factors into account, it is felt proper to allow the petitioner to go on bail with

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stringent conditions in order to secure the attendance of the petitioner on each date of the trial of the case till its conclusion.

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Hence, the bail application filed by the petitioner is allowed.

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He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :-

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(i) he (petitioner) shall not involve with similar nature of crime in future;

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(ii)he (petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and his/her family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;

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(iii)he (petitioner) shall appear before the Trial Court personally in each date of adjournment of the case without fail till its conclusion; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

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