Khokan Debnath @ Dev vs State Of Orissa

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T. Case No. 297 of 2022 arising out of Jamboo Marine P.S. Case No.3 of 2016 pending in the Court of learned Sessions Judge, Kendrapara, for commission of offence punishable under Section 302 of the IPC, on the allegation of committing Uxoricide.

In the course of hearing of the bail application, Mr. K. Mohanty, learned counsel for the petitioner very fairly submits that although there is allegation against the petitioner for committing murder by strangulating the deceased and keeping the investigating agency eluded for his apprehension, but there appears concocted materials against the petitioner since the statements of the son and daughter of the petitioner of the deceased were recorded after six years of the occurrence by explaining the earlier statement made by them implicating the present petitioner and therefore, the present petitioner having detained in custody since 11.07.2022 may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the present petitioner by submitting inter alia that the doctor who had conducted the post mortem examination over the dead body of the deceased had opined the cause of death to be <probably homicidal= and according to him the cause of death was strangulation followed by physical assault and the present petitioner being the husband was found to have stayed with the deceased just before her death and the petitioner, thereby, is liable to explain as to how the deceased died in view of the provision of Section 106 of the Evidence Act. Learned AGA further submits that the petitioner having absconded for six years is also not entitled to bail.

It is borne out from the record that the petitioner managed to keep the Police at bay for around six years and he was arrested on 11.07.2022. Further, the opinion of the doctor as to the cause of death of the deceased in the post mortem report is that the deceased died out of strangulation followed by physical assault. Besides, the trial in this case is yet to commence for the default of the petitioner.

In view of the aforesaid facts and circumstance and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the nature and strength of supporting materials available on record, this Court does not consider it proper to grant bail to the present petitioner.

Hence the bail application of the present petitioner stands rejected.

As per request, the petitioner is at liberty to renew his prayer for bail after examination of his son and daughter as witnesses in the trial and in such event, the bail application of the petitioner would be disposed of in accordance with law.

Issue urgent certified copy of the order as per Rules.

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