Subrat Das @ Babu @ Nuna Vs State of Odisha

This bail application under section 439 of Cr.P.C., 1973 of the Petitioner arising out of S.T. Case No.27 of 2022 in connection with Dhamara Marine P.S. Case No.23 of 2021 is taken up for consideration.

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

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The Petitioner is facing trial in the Court of learned Sessions Judge, Bhadrak in S.T. Case No.27 of 2022 having been charged under section 302/494 of the IPC on the allegation of commission of murder of his wife on dated 01.10.2021.

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The learned Counsel for the Petitioner submitted for liberal consideration of bail, contending that, the police has indicated the names of six charge-sheeted witnesses vide Sl. No.5, 6, 17, 18, 19 and 20 as eye witnesses to the alleged incident, but four eye witnesses of the C.S. vide Sl. Nos.5, 6, 19 and 20 have already

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been examined during trial before the trial Court as P.Ws. 5, 6, 7 and 8 and the prosecution has declined to examine the other two eye witnesses vide Sl. Nos.17 and 18 in the C.S. The so called eye witness i.e. P.W. Nos.5, 6, 7 and 8 in the charge-sheet vide Sl. Nos.5, 6, 19 and 20 have not at all supported the case of the prosecution during trial.

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The Petitioner is in custody since 03.10.2021 which is for more than three years.

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When the so called eye witnesses of the charge-sheet have not at all supported the case of the prosecution, and when the Petitioner is in custody for more than three years, then by taking the above factors into account, it is felt property to allow the Petitioner to go on bail imposing condition to secure his presence on each date of trial.

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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 further conditions that:-

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(i) they (Petitioner) shall not involve with similar nature of crime in future.

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

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(iii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution, Informant as well as their family members either directly or indirectly in any manner whatsoever in any manner till conclusion of the trial of the case, but, in case of his failure to comply in any of the aforesaid conditions, the learned Court in seisin over the

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matter is authorized to cancel the bail order outrightly without seeking any permission for the same from this Court.

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