G.Lacheya Vs State of Odisha

This bail application under Section 439 of the Cr.P.C., 1973 of the petitioners has arisen out of Chamakhandi P.S. Case No.92 of 2023 corresponding to G.R. Case No.434 of 2023 pending in the Court of the learned S.D.J.M, Chatrapur.

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I have already heard from the learned counsel for the petitioners and learned Additional Government Advocate for the State.

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The petitioners being two brothers have been charge-sheeted under Sections 302, 201 read with 34 of the IPC, 1860 on dated 29.07.2024 on the allegations alleged against them that, on dated 22.03.2023 night at about 9:30 P.M., their brother-in-law Anka Chandreya

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(deceased) had gone to their house with a vegetable cutting knife to bring his wife, who is the sister of the petitioners and told his wife to come with him to his house, to which, his wife did not agree. So, the deceased started quarrelling with his wife in presence of the petitioners in their house. The petitioners are the brothers-in-laws of the deceased. The deceased applied force to bring his wife and when his wife refused to come with the deceased, then the deceased assaulted his wife and terrorized her by showing vegetable cutting knife and created nuisance in his in-laws house. For which, two brothers of the wife of the deceased i.e. the petitioners came for the rescue of their sister from the clutches of the deceased, but inspite of that, the deceased created nuisance activities in their house and when the said nuisance activities of the deceased increased gradually, then both the accused persons assaulted the deceased by means of wooden plank, fist blows and kicks and by the result of such blows of the petitioners, the deceased fell down and died.

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Thereafter, the petitioners brought the dead body of the deceased through a Honda Motor Cycle and placed the same under Kewada tree near the Cost Guard Office, Gopalpur, but the said dead body of the deceased was detected on its next date. Then, F.I.R. was lodged by the wife of the deceased at the instigation of the petitioners stating about the motor vehicular accidental death of the deceased.

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Basing upon such F.I.R., the investigation was started and during the investigation, it came to the light that, by the assault of the petitioners in their house to their brother-in-law i.e. to the deceased-Anka Chandreya, he has expired. For which, the police arrested both the petitioners on dated 04.04.2024 and forwarded them to the Court after booking them with the aforesaid offences and since then, they (petitioners) are in jail custody. Accordingly, the petitioners are in custody for more than 7 months.

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The learned counsel for the petitioners submitted for liberal consideration of their bail contending that, the alleged incident is the outcome of grave and sudden provocation, but the petitioners have not committed murder of the deceased deliberately and intentionally. As because, the deceased created nuisance in their house assaulting his wife (sister of the petitioners) in front of them (petitioners), for which, they (petitioners) were compelled to assault the deceased through wooden plank, to which, learned Additional Government Advocate opposed contending that, as the petitioners have committed murder of their brother-in-law in front his wife, for which, they (petitioners) should not be allowed to go on bail.

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When the petitioners are in custody for about more than 7 months and when during the staying of the petitioners inside the jail, the investigation of the case has already been completed, for which, presence of the

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petitioners before the police for the purpose of further investigation may not be required and when the alleged incident is the outcome of the grave and provocation of the petitioners due to the assaults made by the deceased to the sister of the petitioners and when the presence of the petitioners during trial is not unsecured, then by taking the above factor into account, it is felt proper to allow the petitioners to go on bail with stringent conditions.

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Therefore, the bail application filed by the petitioners is allowed.

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They (petitioners) 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) they (petitioners) shall not involve with similar nature of crime in future;

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(ii) they shall appear before the Trial Court personally in each date of adjournment of the case without fail;

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(iii) they 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 proceeding of the case, but in case of their failure to comply any of the aforesaid conditions, the Court in seisin over

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the matter is authorized to cancel their respective bail orders out-rightly without seeking any permission for the same from this Court.

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Accordingly, the bail application of the petitioners is disposed of finally.

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Grant certified copy of this order to the petitioners on proper application.

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( ANANDA CHANDRA BEHERA) Judge

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Utkalika

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Signature Not Verified

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Digitally Signed Signed by: UTKALIKA NAYAK Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 21-Nov-2024 18:20:08

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G.Lacheya v. State of Odisha

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G.Lacheya v. State of Odisha

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