Orissa High Court
Bichitra Benia vs State Of Orissa on 25 August, 2025
Bench: S.K. Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No. 02 of 2022
Bichitra Benia ..... Appellant/Petitioner
Mr. G.K. Routray, Advocate
-versus-
State of Orissa ..... Respondent/Opp. Party
Mr. Sarat Chandra Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
Order No. ORDER
25.08.2025
I.A. No.115 of 2025
11. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard the learned counsel for the appellant-
petitioner and learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for
commission of the offences punishable under sections
452/302 of the I.P.C. and R.I. for a period of three
years and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo further R.I. for a
period of six months for the offence under section 452
of the Indian Penal Code and imprisonment for life and
to pay a fine of Rs.10,000/- (rupees ten thousand), in
default, to undergo further R.I. for a period of one year
for the offence under section 302 of the Indian Penal
Code by the learned Addl. Sessions Judge, Kantabanji
vide judgment and order dated 16.04.2021 passed in
Sessions Case No.06 of 2018.
As per order dated 14.07.2025, learned counsel for
the State has produced the written instruction received
from the Inspector in-charge of Muribahal police station
dated 24.08.2025, which indicates that P.W.10 is now
married and she is staying at her husband's place. The
written instruction is taken on record.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 13.11.2017 and
there is no chance of early hearing of the jail criminal
appeal in the near future and balance of convenience is
in favour of the petitioner and therefore, the bail
application of the petitioner may be favourably
considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and stated that P.W.5 and
P.W.10 are the eye witnesses to the occurrence and
they have stated that the petitioner assaulted the
deceased by means of a 'tabal', which is corroborated
by the evidence of the doctor (P.W.8), who has opined
the cause of death was on account of hypovolemic
shock due to injury to the vital organ.
Considering the submissions made by the learned
counsel for the respective parties, in view of the eye
witnesses account of P.W.5 and P.W.10 coupled with the
evidence of post mortem doctor (P.W.8), while not
inclining to release the petitioner on bail on merit, but
taking into account the period of detention of the
petitioner in judicial custody and absence of any chance
of early hearing of the appeal in the near future, we are
inclined to release the petitioner on interim bail for a
period of three months from the date of release and the
petitioner shall surrender before the learned trial Court
immediately on expiry of the three months period.
For the above period, let the appellant-petitioner
be released on interim bail in the aforesaid case on
furnishing bail bond of Rs.20,000/- (rupees twenty
thousand) with one local solvent surety for the like
amount to the satisfaction of the learned trial Court
subject to condition that he shall not indulge in any
criminal activities while on interim bail.
Violation of any of the conditions shall entail
cancellation of interim bail.
Learned counsel for the State shall produce the
report from the Inspector in-charge of Muribahal police
station regarding the conduct of the petitioner while on
interim bail.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
12. List this matter in the week commencing from
08.12.2025. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
next date.
Issue certified copy as per rules.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Designation: Personal Assistant
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 26-Aug-2025 20:14:23
