Bijay Gouda And Another vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is the second bail application U/S.439 of Cr.P.C. by the Petitioners for grant of bail in connection with Nuagaon P.S. Case No. 119 of 2023 corresponding to S.T. Case No. 207 of 2023 pending in the Court of learned 3rd Additional Sessions Judge, Berhampur, Ganjam for commission of offences punishable Under Sections 341/ 294/ 323/ 324/ 302/ 307/ 427/ 506/ 34 of IPC, on the allegation of committing murder of the deceased by jointly assaulting him with deadly weapons along with co-accused persons.

Heard, Ms. P. Naidu, learned counsel for the petitioners and Mr.S.S.Pradhan, learned AGA in the matter and perused the record. At the outset, Ms. Pratyusha Naidu by drawing attention of the Court to the affidavit stated to be sworn in by the mother of the petitioners, which is taken on record, submits that this the second bail application of the petitioners and no bail application of the petitioners is pending before any other forum. She also files photocopy of certified copy of depositions of PWs.1 to 4 in Court today, which are taken on record. Ms. Naidu has further submitted that co-accused Pratima Gouda and Jyoshna Gouda standing on similar footing have already been granted bail by this Court in BLAPL No.5678 of 2023 and the petitioners having detained in custody since more than a year and trial having already commenced with examination of material witnesses, there would be hardly any impediment to grant bail to the present petitioners. Ms. Naidu, accordingly, prays to grant bail to the petitioners.

On the other hand, Mr.S.S.Pradhan, learned AGA, however, strongly opposes the bail application of the petitioners on the ground that not only there is allegation against the petitioners for assaulting the deceased by means of cudgel, but also they have murdered the deceased along with co-accused and Child in Conflict with Law (CCL) and the present petitioners being not similarly situated with co-accused Pratima Gouda and Jyoshna Gouda are not entitled to any relief on the principle of parity.

After having considered the rival submissions upon perusal of record including the copy of depositions of PWs.1 to 4, who have been examined in the trial in this case, there appears some omnibus allegation made by the witnesses against the petitioners and others for coming to the spot being armed with different weapons and assaulting the deceased, but the petitioners have been detained in custody since 28.03.2023 and 09.04.2023 respectively. Further, the main allegation of assault by means of sword to the deceased is directed against the Child in Conflict with Law (CCL), however, there is some allegations against the petitioners for assaulting the deceased by means of lathi. It is also not in dispute that two co-accused have already been granted bail.

In view of the aforesaid backdrop of facts and after having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioners and regard being had to the opinion of the doctor as to cause of death of the deceased in PM report, this without expressing any opinion on the merits of the case, grants bail to the petitioners.

Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioners shall not commit any offence while on bail,

(ii) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless their attendance are dispensed with. In case the Petitioners fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioners for offence U/S.229-A of IPC in accordance with law,

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving their present address of stay and

(iv) the petitioners shall report attendance before the jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of their release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioners in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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