Bismit Ranjan Das vs State Of Odisha

Savitri Ratho, J

This  is  the  second  application  of  the  petitioner  under  Section 439 Cr.P.C. in connection with Khantapada P.S. Case No.200 of 2023 corresponding to C.T. Case No.623 of 2023 of the Court of the learned J.M.F.C. (R), Balasore where trial has started in the Court of the learned Asst. Sessions Judge (Special Track Court), Balasore in S.T. No.99/547 of 2023 under Sections 498-A, 306 of IPC and Section-4 of the D.P. Act.

BLAPL No.12221 of 2023 filed by the petitioner had been dismissed as withdrawn on 21.12.2023 in view of the memo filed by learned counsel for the petitioner that the counsel does not want to press the said bail application.

The prayer for bail of the petitioner has thereafter been rejected on 17.01.2024 by the learned Asst. Sessions Judge (Special Track Court), Balasore.

The prosecution allegation in brief is that the marriage of the petitioner and deceased had been solemnized about 12 years back and was a love marriage. The petitioner was unemployed and was insisting that the deceased would bring Rs.20.00 lakhs from her father. As the demand could not be complied with, the petitioner and his family members were ill-treating and torturing the victim physically and mentally. Two days before the occurrence, the informant learnt that the deceased had been tortured and beaten by the petitioner. The deceased was working as Anganwadi worker and on 08.09.2023 her dead body was found hanging in the Anganwadi Centre and after being informed, the petitioner took her to hospital where she was declared dead. Chargesheet has been filed only against the petitioner.

Mr.Satyabrata Senapati, learned counsel for the petitioner submits that as the petitioner is in custody since 09.09.2023, his two young children, (son and daughter) and his aged parents are suffering. He further submits that the trial in the case has started and four witnesses have been examined and he has filed the copies of the depositions of the witnesses which include P.W.1-Basanta Kumar Das who is the father-in-law of the deceased. He has stated during cross-examination by the defence that the deceased was being tortured mentally in order to give extra commission to the local Sarpanch and other political leaders. Another co-villager, P.W.4 - Tilotama Patra has also stated during her cross-examination by the defence that the deceased was being harassed by the local Sarpanch for which she could not stand the mental pressure and committed suicide.

Ms.S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that the father of the deceased and other relations have stated about demand of dowry and mental torture by the petitioner and she further submits that the two witnesses have not stated anything before the police regarding the torture if any meted out by the Sarpanch on illegal demand. She further submits that the material witnesses have not been examined in the case for which the chances of the petitioner tampering with evidence if he is released on bail cannot be ruled out.

As investigation has been completed, considering the submission that the deceased has left behind two young children who need to be looked after, I am inclined to allow the prayer for bail, subject to stringent conditions.

The petitioner – Bismit Ranjan Das shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not tamper or try to influence prosecution witnesses while on bail.

(iii) He will remain present in the trial court on each date the case is fixed for trial.

(iv) He will take care of his son and daughter and ensure that are enrolled in school, if not already done.

The Secretary, District Legal Services Authority, Balasore shall verify compliance of condition no.(iv) and submit a report to this Court within three weeks.

Violation  of  any  condition  will  entail  in  cancellation  of  bail/recall of this order.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

Copy of this order be sent to the Secretary, District Legal Services Authority, Balasore.

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