Harekrushna Boitei & Others vs State Of Odisha

V. Narasingh, J

Since both the matters arise out of Ramachandrapur P.S. Case No.72 of 2023, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned counsel for the Petitioners, Mr. H.S. Mishra and learned counsel for the State, Mr. P.K. Maharaj, learned ASC.

The Petitioners are accused in G.R. (GN) Case No.165 of 2023 pending on the file of learned N.G.N.-cum-J.M.F.C., Ghasipura, arising out of Ramachandrapur P.S. Case No.72 of 2023.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Anandapur by order dated 24.04.2023 in the aforementioned cases, the present bail applications have been filed.

It is submitted by the learned counsel that the Petitioners in BLAPL No.4656 of 2023 are in custody since 5.4.2023 and the Petitioners in BLAPL No.10241 of 2023 are in custody since 21.4.2023.

It is further submitted that since charge sheet has been filed on 1.8.2023, keeping in view the nature of allegation, further continuance of the Petitioners in custody is not warranted.

It is apt to note here that initially FIR in the case at hand was lodged on 22.03.2023 under Sections 147/ 148/ 294/ 452/ 354/ 354-B/323/324/506/149 IPC and thereafter since during the course of treatment the injured succumbed to her injuries the case turned to Section 302 IPC and ultimately charge sheet has been filed under Sections 147/148/294/452/354/354-B/323/324/506/302/149 IPC on 1.8.2023.

Referring to the materials on record, it is submitted with vehemence by the learned counsel for the Petitioners, Mr. Mishra that there are serious discrepancies in the injury report and the post-mortem report and there are irregularities in referring the injured for medical treatment which prima facie shows that this is a concocted case which has been registered due to over jealousness of the investigating agency because of extraneous considerations.

It is the further submission of the learned counsel for the Petitioners that there are also irregularities in registering the U.D. case when the P.S Case has already been instituted.

Learned counsel for the State, Mr. Maharaj, learned ASC opposes the prayer referring to the statement of the injured since deceased and the statement of Smrutilata Jena, Ratani Dalei and Manjulata Jena, C.Ws.5,9 and 12 respectively.

It is apposite to take note that C.W.12 is related to the deceased (daughter-in-law of the deceased) and P.W. 5 and 9 are the independent witnesses.

This Court carefully examined the statement of the deceased, which is on record and she was the informant-injured before she succumbed to the injuries.

On a close scrutiny of the said statement it is seen that she has named all the 5 Petitioners in BLAPL No.4656 of 2023 and Petitioners 1 and 3 in BLAPL No.10241 of 2023. Since the matter is pending trial, it would not be prudent for this Court to make any observation regarding evidentiary value of the statement of the Informant/deceased.

Considering the statement of the injured Informant who later on succumbed to the injuries and combined with the statements of the witnesses (CWs.5,9 and 12), this Court is not inclined to entertain the BLAPL No.4656 of 2023 and prayer for bail relating to Petitioners 1 and 3 in BLAPL No.10241 of 2023.

So far as prayer for bail of Petitioner No.2 (Manas Ranjan Behera) is concerned, this Court directs him to be released on bail on such terms to be fixed by the learned court in seisin subject to verification of criminal antecedent of similar nature.

Additionally, it is directed that Petitioner No.2 (Manas Ranjan Behera) shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin and he shall not in any way try to threaten or intimidate the prosecution witnesses.

Accordingly, both the bail applications stand disposed of.

Urgent certified copy of this order be granted as per rule.

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