Tukuna Pradhan vs State Of Odisha
2023 Latest Caselaw 7793 Ori

                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  BLAPL No. 7353 of 2023

              Tukuna Pradhan                    ....                   Petitioner
                                                     Mr. D.R. Bhokta, Advocate
                                          -versus-

             State of Odisha                    ....              Opposite Party
                                                          Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH
                                           ORDER

18.07.2023 Order No.

01. 1. Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is an accused in connection with G.R. Case No.723 of 2023, pending in the Court of the learned J.M.F.C., Khallikote arising out of Khallikote P.S. Case No.281 of 2023 for alleged commission of offences under Sections 279/304 Part-II of IPC.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Khallikote, by order dated 29.06.2023 in the aforementioned cases, the present BLAPL has been filed.

4. It is submitted by the learned counsel that initially the case against the petitioner was registered under Sections 279/304-A and during course of investigation the offence in question has turned out under Sections 279/304 Part-II of IPC.

5. It is stated by the learned counsel that the petitioner is in custody since 18.06.2023.

6. Learned counsel for the State opposes the prayer for bail during currency of investigation.

7. This Court perused the statements of the informant Sanjay Moharana and one independent witness Manas Subudhi.

8. On perusal of such statement and the allegation being prima facie in terms of the Section 304 Part-II of the IPC, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9. It is needless to state here that if at a later stage, the petitioner is to be charged for a higher offence, in terms of the decision of the apex Court in the case of Ms. X v. The State of Maharashtra and another (2023 SCC Online SC 279) affirming its earlier judgment in Pradeep Ram v. State of Jharkhand and another reported (2019) 17 SCC 326, it shall be open to the prosecution to take steps in accordance with law.

10. Accordingly, the BLAPL stands disposed of.

11. Urgent certified copy of this order be granted as per the rules.

                                                                                  (V. NARASINGH)
           Ayesha                                                                      Judge




Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 19-Jul-2023 19:43:45