Rama Behera @ Rama vs State Of Odisha
2023 Latest Caselaw 14924 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         BLAPL No.8276 of 2023

              1. Rama Behera @ Rama
              @ Rama Chandra Behera
              2. Naba @ Nabaghan
              Behera                              ...      Petitioners

                                 Mr. S.K. Dwibedi, Advocate

                                       -versus-

              State of Odisha                     ....     Opp. Party

                                 Mr. Priyabrata Tripathy,
                                 Additional Standing Counsel.

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        17.11.2023
    01.
                 This   matter    is    taken     up   through   Hybrid

arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Khandapada P.S. Case No.24 of 2020 corresponding to G.R. Case No.23 of 2020 pending in the Court of learned J.M.F.C., Khandapara for offences punishable under section 302/34 of the Indian Penal Code.

The petitioners moved an application for bail before the Court of learned Additional Sessions Judge, // 2 //

Nayagarh, which was rejected on 17.07.2023.

Learned counsel for the petitioners submitted that petitioner no.1 Rama @ Ramachandra Behera is the father in-law and petitioner no.2 Naba @ Nabaghan Behera is the brother in-law of co-accused Pradeep Das and they are in judicial custody since 27.06.2023 and they have been charge sheeted under section 302/34 of the I.P.C. Learned counsel further submitted that the witness Amuli Das is an eye witness to the occurrence being examined as P.W.3 in the learned trial Court did not support the prosecution case and in the meantime, co-accused Pradeep @ Tuku Das has already been acquitted. Learned counsel files the copy of the judgment, which is taken on record. Learned counsel further submitted that in view of the nature of evidence adduced during trial of the co-accused Pradeep Das and the period of detention of the petitioners in judicial custody, the bail application of the petitioners may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for bail and submitted that the co-accused Pradeep Das was an absconder, however learned counsel for the petitioners submitted that when the first charge sheet was submitted on 18.10.2020, that was only Pradeep @ Tuku Das and the investigation was kept open under section 173(8) of the Cr.P.C. and subsequently, the petitioners were

// 3 //

arrayed as accused.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each 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 including the conditions that the petitioners shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

(S.K. Sahoo) Judge Sipun

Signature Not Verified

Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Nov-2023 10:47:04