Bhuri Meher vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.59 of 2020 arising out of Bargarh Sadar P.S. Case No.135 of 2020 pending in the Court of learned Sessions Judge, Bargarh for offences punishable under sections 498-A/302/34 of the Indian Penal Code read with section 4 of the D.P. Act.

The petitioner moved an application for bail before the Court of learned Sessions Judge, Bargarh, which was rejected on 04.04.2024.

Learned counsel for the petitioner submitted that the petitioner is the sister-in-law of the deceased Jambobati Meher and she is in judicial custody since 16.05.2020 and she has been charge sheeted under sections 498-A/302/34 of the Indian Penal Code read with section 4 of the D.P. Act. Learned counsel further submitted that last time, when the petitioner approached this Court for bail in BLAPL No.11859 of 2022, as per order dated 05.05.2023, while not inclining to release the petitioner on bail, the learned trial Court was directed to split up the case against the absconding accused and proceed with the case and take steps for examination of material witnesses and liberty was granted to the petitioner to renew the prayer for bail after examination of the material witnesses in the learned trial Court. Learned counsel further submitted that in spite of such order, only six witnesses have been examined so far and all of them have not supported the prosecution case and therefore, the bail application of the petitioner may be favourably reconsidered. He has filed the deposition copies of six witnesses, which are taken on record.

Learned counsel for the State opposed the prayer for bail and submitted that material witnesses are yet to be examined.

Considering the submissions made by the learned counsel for the respective parties, taking into account the period of detention of the petitioner in judicial custody for more than four years and since the learned trial Court has failed to take steps for examination of material witnesses as per the order of this Court dated 05.05.2023 and the witnesses examined so far have not supported the prosecution case and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.

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

Violation of any terms and conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

…………………………..