Chaitu Kindo 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 petitioners and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.700 of 2022 arising out of Bargaon P.S. Case No.188 of 2022 pending in the Court of learned J.M.F.C., Rajgangpur for offences punishable under sections 498-A/302/201/34 of the Indian Penal Code.

The petitioners moved an application for bail before the Court of learned Sessions Judge, Sundargarh, which was rejected on 15.02.2023.

Learned counsel for the petitioners submitted that the petitioners are the parents-in-law of the deceased Arati Kindo and they are in judicial custody since 13.09.2022 and they have been charge sheeted under sections 498-A/302/201/34 of the Indian Penal Code. He further submitted that the informant is the none else than the son of the present petitioners, who is also the husband of the deceased, namely, Dharmendra Kindo and there are no eye witnesses to the occurrence and the case is based on circumstantial evidence and the main accusation is against Jitendra Kindo, who is another son of the petitioners and younger brother of the informant and it is stated that the said co-accused not only assaulted the deceased but also strangulated her by means of a napkin and the cause of death as per the post mortem report was on account of cranio cerebral injury so also strangulation. He further submitted that the accusation against the petitioners is one under section 201 of the Indian Penal Code, which is bailable in nature and therefore, the bail application of the petitioners may be favourably considered.

Learned counsel for the State has produced the case diary and on verification of the same fairly submitted that the main allegation is against co-accused Jitendra Kindo and the accusation against the petitioners is one under section 201 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, absence of any direct evidence, the nature of circumstantial evidence, the role attributed against the petitioners and taking into account the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioners shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the BLAPL is disposed of.

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

…………………………….