Pabitra Kumar Behera @ vs State Of Odisha
2023 Latest Caselaw 6916 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No. 5979 of 2023

             Pabitra Kumar Behera @               ....                  Petitioner
             Pabitra Behera @ Chaka
                                                   Mr. M. Panigrahi, Advocate
                                           -versus-

             State of Odisha                      ....             Opposite Party
                                                              Mr. S. Patra, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

08.06.2023 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 S.T. Case No.88 of 2023, pending before the Court of the learned Additional Sessions Judge (LR), Cuttack, arising out of Baideswar P.S. Case No.180 of 2022.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Cuttack, by order dated 10.05.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the petitioner is in custody on 18.01.2023 and as charge-sheet has been filed on 31.03.2023, his further continuance in custody is unwarranted.

5. It is stated that though initially the FIR was filed inter alia under Section 498-A/302/304-B/306/34 of IPC read with Section 4 of D.P. Act, but after investigation charge sheet has been filed

under Sections 498-A/304-B/306 of IPC read with Section 4 of D.P. Act.

6. It is further submitted by the learned counsel that since the allegations are omnibus in nature, the petitioner may be released on bail.

7. Learned counsel for the State opposes the prayer for bail relying on the statement of the complainant Prahallad Behera and also that the viscera report has not been received so as to come to a conclusive finding regarding the complicity of the petitioner.

8. Considering the nature of allegation and filing of charge sheet inter alia under Section 306 of IPC, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

9. It is made clear that if on the basis of the viscera report the petitioner is to be charged for a higher offence, in terms of the law laid down by 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 rule.

(V. NARASINGH) Vacation Judge Ayesha

Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 09-Jun-2023 15:18:11