Laxmi Mahanta Vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in connection with S.T. Case No.59 of 2022 pending on the file of learned Sessions Judge, Deogarh, arising out of Barkot P.S. Case No.120 of 2022 for commission of offence alleged under Sections 120(B)/498-A/302/34 of IPC.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Deogarh by order dated 17.11.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 18.03.2022 on the allegation that he along with the co-accused committed murder of one Urmila Mahanta.

It is the case of the prosecution that the present Petitioner had illicit relationship with the husband of the deceased and the entire offence was committed at her instance and she also actively participated in the same.

Per contra, learned counsel for the Petitioner submits that save and except the confession of the Petitioner, there is no material on record to connect the Petitioner with the alleged offence.

He also places reliance on the statements of P.Ws.1 to 3 who have been examined in the meanwhile.

It is also submitted by the learned counsel for the Petitioner that P.W.3 has not supported the prosecution. Hence, further continuance of the Petitioner, who is a lady, in custody is not warranted.

Learned counsel for the State opposes the prayer for bail and submits that there are other material witnesses to be examined including one Tuna Mahakul-C.W.30.

Considering the nature of allegation qua the Petitioner and taking into account that she is a lady and is the first offender and keeping in view the first Proviso to Section 437(1) of Cr.P.C., this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

If it comes to fore that the Petitioner has any criminal antecedent, this order shall not be given effect to.

It is needless to state here that the release of the Petitioner shall not enure to the benefit of the co-accused whose complicity has to be taken into account on the basis of materials on record.

Accordingly, the BLAPL stands disposed of.

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

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