Jitu @ Jitendra Khatua vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner 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.36 of 2020 arising out of Talcher P.S. Case No.142 of 2020

pending in the Court of learned Asst. Sessions Judge, Talcher for alleged commission of offences punishable under sections 498-A/306 of the Indian

Penal Code.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Talcher which was rejected on 10.03.2021.

The earlier bail application of the petitioner in BLAPL No.5302 of 2020 was rejected as per order dated 18.11.2020 taking into account the statement

of Sanju Khatua, the mother of the deceased as well as other materials available on record and it was specifically observed that the petitioner is at

liberty to renew the prayer for bail after examination of the material witnesses.

Without awaiting for examination of the material witnesses and after examination of only two formal witnesses, since the petitioner has rushed to this

Court by filing this application for bail, I am not inclined to reconsider the prayer for bail. However, the petitioner is at liberty to move for bail in the

learned trial Court after examination of witness Sanju Khatua.

With the aforesaid observation, the bail application is disposed of.

Let a copy of the order be sent to the learned trial Court for compliance.

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.