Basanta Kumar Behera Vs State of Odisha

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.11 of 2021 arising out of Rairakhol P.S. Case No.26 of 2021 pending in the Court of learned Additional Sessions Judge, Rairakhol

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for offences punishable under sections 498-A/294/ 302/304-B/34 of the Indian Penal Code read with section 4 of the D.P. Act.

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The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Rairakhol, which was rejected on 27.06.2023.

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Learned counsel for the petitioner submitted that the petitioner, who is the husband of the deceased Runu Behera, is in judicial custody since 14.02.2021 and he has been charge sheeted under sections 498-A/294/302/304-B/34 of the Indian Penal Code read with section 4 of the D.P. Act and earlier the petitioner approached this Court for bail in BLAPL No.8196 of 2022 and as per the order dated 20.01.2023, this Court while not inclining to release the petitioner on bail, however directed the learned trial Court to expedite the trial and conclude the same by the end of May 2023 and the petitioner was given liberty to renew the prayer for bail, if the trial is not concluded within the said period. Learned counsel further submitted that the marriage between the petitioner and the deceased was solemnized in the year 2017 and it is the prosecution case that the deceased sustained burn injury on 29.12.2020 and thereafter, she was hospitalized first at V.S.S. Medical College and Hospital, Burla, then at S.C.B. Medical College and Hospital, Cuttack and then shifted to D.H.H., Angul and on the way to D.H.H., Angul, she

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died. Learned counsel further submitted that even though it is the case of P.W.25 and P.W.26 that on 30.12.2020, the deceased made oral dying declaration before them in the hospital implicating all the accused persons to have set fire to her but no F.I.R. has been lodged and the doctors were also not aware that it is a medico legal case and the F.I.R. in this case has been presented only on 09.02.2021. Learned counsel further submitted that out of thirty five charge sheet witnesses, twenty six witnesses have already been examined and at this stage, there is no chance of tampering with the evidence and the petitioner is a permanent resident of village Gobindpur in Sambalpur district and there is no chance of his absconding and therefore, the bail application of the petitioner may be favourably reconsidered.

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Learned counsel for the State placed the evidence of the witnesses particularly the witnesses to the dying declaration P.W.25 and P.W.26.

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Learned counsel for the informant opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial Court, the period of detention of the petitioner in judicial custody and the progress of the trial, I am inclined to reconsider the prayer for bail and direct the petitioner

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to be released on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper subject to condition that the petitioner shall appear before the learned trial Court on each date when the case would be posted for trial.

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Violation of any terms and conditions shall entail cancellation of bail. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo)
Judge

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RKM

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Signature Not Verified

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Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 13-Feb-2024 12:48:41

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Basanta Kumar Behera v. State of Odisha

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Basanta Kumar Behera v. State of Odisha

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