Janaka Dehury vs State of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

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

This is an application under section 439 of Cr.P.C. in connection with C.T.(S) Case No.221 of 2016 arising out of Purunakote P.S. Case No.30 of

2016 pending in the Court of learned Addl. Sessions Judge, Angul for alleged commission of offences punishable under sections 147/148/307/302/149

of the Indian Penal Code.

The petitioners moved an application for bail before the Court of learned Addl. Sessions Judge, Angul which was rejected on 25.09.2018.

Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 23.07.2016 and in the meantime, trial has commenced

and as many as twelve witnesses have been examined in the trial Court and except P.W.10, no other witness has stated anything against any of the

petitioners. He further submitted that some of the co-accused persons, namely, Hadibandhu Naik, Netra @ Netrananda Dehury and Huria @

Nakhendra Dehury have been released on bail by this Court in BLAPL No.2590 of 2017 and BLAPL No.6631 of 2016 and in view of the period of

detention of the petitioners in judicial custody, the bail application of the petitioners may be favourably considered. He has filed the deposition copies of

all the witnesses examined so far.

Perused the deposition copies.

Learned counsel for the State pointed out from the evidence of P.W.10 that the petitioner no.2 caught hold the deceased Soren Dehury and co-

accused Baruna Dehury dealt a ‘tangia’ blow to the deceased for which the deceased died while he was shifting to the medical for treatment.

Learned counsel for the petitioners drew the attention of this Court to the cross-examination of P.W.10 conducted by the defence counsel for the

petitioners in which he has stated that he was examined two months after the occurrence and during his statement, he has not stated anything against

the petitioners.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced so far in the trial against the

petitioners, the release of co-accused persons on bail and 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.50,000.00 (rupees fifty thousand) each 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.

Accordingly, the BLAPL is disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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