Bedi @ Lalita Naik Vs State Of Orissa

V. Narasingh, J

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

The Petitioner is an accused in connection with C.T(s). Case No.317 of 2022, pending before the Court of the learned Addl. Sessions Judge, arising out of Jarapada P.S. Case No.172 of 2022, for alleged commission of offences under Sections-302 & 34 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

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

This Court by order dated 23.02.2023 in BLAPL No.11697 of 2022 rejected the bail application of the present Petitioner.

Paragraphs-5,6& 7 of the said order is extracted hereunder for convenience of ready reference:

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Learned counsel for the State opposes the prayer relying on the statement of two eye witnesses namely, Khulana Naik charge sheeted witness No.1 and Muna @ Keshab Naik charge sheeted witness No.3.

On bare perusal of the said statement, it is clearly borne out that the deceased who is a lady, succumbed to the injuries and it also comes to the fore that not only the petitioner along with coaccused assaulted the deceased in the house but, when she tried to escape, they followed her and did not relent in their assault.

It is borne out from the order of rejection that the petitioner No.2 Bini Rout has a son aged about 5 years.

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It is submitted by the learned counsel for the Petitioner that since in the meanwhile the case has been committed, he may be released on bail.

Learned counsel for the state opposes the prayer for bail referring to the statement of Khulana Naik, CSW-1 & Keshab Naik,CSW-3, which weighed with this Court on earlier occasion.

Since the said Khulana Naik,CSW-1 & Keshab Naik,CSW-3 are yet to be examined and there is no change in circumstance, this Court is not inclined to entertain the bail application at this stage.

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin after examination of CSW-1&3.

If such application is filed, learned Court in seisin shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

Accordingly, the BLAPL stands disposed of.

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