Rajesh @ Jagadish Gadtya Vs State of Odisha

This bail application under Section 439 of Cr.P.C., 1973 of the petitioner has arisen out of G.R. Case No. 597 of 2024 in connection with Khaparakhol P.S. Case No. 0115 of 2024, pending in the Court of the Learned S.D.J.M, Patnagarh.

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I have already heard from the learned counsel for the petitioner and the learned additional Government Advocate for the state.

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The petitioner has been charge sheeted on dated 19.08.2024 under Sections 306/342/294/506/427 of the I.P.C., 1860 on the allegation of abetment of suicide of the deceased Kanistha @ Kaniska Gadtiya, as the petitioner was abusing the deceased alleging that, he has kept extra marital affairs with his aunt, for which, the deceased committed suicide through hanging.

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After the death of the deceased, the wife of the deceased lodged the F.I.R. and on the basis of such F.I.R., case was registered and

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investigation was started.

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During investigation, the petitioner was arrested on dated 03.05.2024 and was forwarded to the Court after being booked with the aforesaid offences and since then, the petitioner is in jail custody.

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The learned counsel for the petitioner submitted for liberal consideration of his bail contending that, the petitioner is in jail custody since 03.05.2024, which is for about seven months and the investigation of the case has already been completed due to submission of charge sheet, to which, the learned Additional Government advocate for the State vehemently objected contending that, as the deceased being a married person has committed suicide due to the abetment of the petitioner and his wife has become widow, for which, he (petitioner) should not be allowed to go on bail.

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When, the investigation of the case has already been completed due to submission of charge sheet, for which, the presence of the petitioner before the I.O. for the purpose of any further investigation may not be required and when, the petitioner is in jail custody for about seven months and when, the highest punishment provided for the offence alleged against the petitioner under Section 306 of the IPC is up to 10 years and when, the presence of the petitioner during trial is not unsecured, as he (petitioner) is a local man having his house and homested under the jurisdiction of Patnagarh P.S. and when, the main object of the 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 him (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

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for the like amount to the satisfaction of the Court in seisin over the case with conditions that:-

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

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(ii) he (petitioner) shall appear before the Trial Court personally on each date of adjournment of the case without fail till its conclusion.

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

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