Kalakanta Behera vs State Of Odisha

Savitri Ratho, J

This is the second application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Khaprakhol P.S. Case No. 133 of 2023 corresponding to G.R. Case No. 152 of 2023 pending in the Court of the learned S.D.J.M., Patnagarh corresponding to S.C. Case No. 04 of 2024 now pending in the Court of the learned Addl. Sessions Judge, Patnagarh corresponding to S.C. Case No. 04 of 2024 where the petitioner facing trial along with co-accused, his father Giridhari Behera, brother Dinamani Behera and sister-in-law Srita Behera for commission of offences punishable under Sections 498-A, 294, 324, 325, 506, 307, 34 of IPC and Section 4 of D.P. Act.

The earlier application BLAPL No. 10368 of 2023 filed by the petitioner had been dismissed by me on 21.12.2023 considering the manner of assault on the victim and the injury sustained by her.

Thereafter, the petitioner has moved the learned Court below for bail, but his prayer has been rejected by the learned Addl. Sessions Judge, Patnagarh on 05.02.2024 noting that the injury report reveals that the victim has sustained cut injuries on her back of her neck, left arm and bruise on her cheeks and that the case was at the stage of framing of charge.

Mr. Jayadeba Behera, learned counsel for the petitioner submits that the petitioner has remained in custody since more than nine months and co-accused persons have been released on bail for which his prayer for bail may be sympathetically considered.

Considering the nature of allegations against the petitioner and as the petitioner is the husband, I am not inclined to release him on bail at this stage. The BLAPL is dismissed granting liberty to the petitioner to move for bail afresh after examination of the victim.

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

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