Khetrabasi Jena Vs State of Odisha

This bail application under section 439 of Cr.P.C., 1973 of the Petitioner in C.T. Case No.61 of 2024 arising out of G.R. Case No.305 of 2024 in connection with Kujang P.S. Case No.117 of 2024 is taken up for consideration

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I have already heard from the learned Counsel for the Petitioner and the learned Standing Counsel for the State.

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The Petitioner is in jail custody since 13.03.2024 and is facing trial in the Court of learned Addl. District Judge-cumSpecial Judge, Jagatsinghpur in C.T. Case No.61 of 2024 having been implicated under Section-457/376/511/506 of the IPC.

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It appears from the presently available materials on record that, the trial against the Petitioner is at its midst. Till yet, only 10 nos. of witnesses have already been examined including the Informant/victim.

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The Petitioner is the neigbour of the Informant. It is forthcoming from the deposition of the victim/Informant (P.W.1)

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that the wife of the Petitioner has expired, and he has two children in his house.

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The learned Counsel for the Petitioner submitted for liberal consideration of bail contending that, the Petitioner is in custody for about more than eight months and there is no other male member in his family to look after his children and due to non-availability of any other adult member in his family, his two children are facing lot of problems, to which, the learned Additional Government Advocate vehemently objected contending that, the victim has implicated in her evidence to the Petitioner regarding the commission of rape on her, for which, at this stage of trial, the Petitioner should not be allowed to go on bail.

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When it is forthcoming from the materials available on record that, the house of the Petitioner is in the same village of the victim, for which, there is less chance of his absconding during the rest part of the trial. There is no adult male member in his family to look after his two children, because his wife has expired.

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So, by taking the above factors into account, it is felt proper to allow the Petitioner to go on bail.

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Therefore, 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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(ii) he (Petitioner) shall not involve with similar nature of crime in future.

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(ii) he (Petitioner) shall remain present personally on each and every date of adjournment of the case during trial till its conclusion.

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(iii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and her family members either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of their failure to comply any of the aforesaid conditions, the learned trial Court is authorized to cancel their respective bail orders outrightly without seeking any permission for the same from this Court.

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