Laxmi Nayak vs State Of Odisha

A.K. Mohapatra, J

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

Heard learned counsel appearing for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party. Perused the materials placed before this Court.

The present bail application under Section 439 of Cr.P.C. has been filed by the Petitioner for regular bail in connection with G.R. Case No.129 of 2024, arising out of Fategarh P.S Case No. 137 of 2024, pending in the Court of learned J.M.F.C., Bhapur for alleged commission of offence punishable under Sections 452/341/323/325/ 294/506/34 of IPC.

Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 14. 06.2024. He further contended that in the meantime the investigation has been concluded and charge sheet has been filed. He further contended that the Petitioner is the wife of the principal assailant. He further contended that as per the F.I.R. allegations, one Tunia @ Prakash Nayak, who is the husband of the present Petitioner, assaulted the injured by means of wooden plank on her head, as a result of which the injured sustained bleeding injury on her head, thereafter, she has been taken to the hospital. He further contended that the injured has given her dying declaration at hospital, in her dying declaration, she has specifically implicated the accused-Tunia @ Prakash Nayak. So far the present petitioner is concerned, the injured has stated that she is present at the spot. Learned counsel for the Petitioner contended that the present petitioner is not participated in the assault, although she is present at the spot of occurrence. He further contended that the injured is now hale and hearty. In such view of the matter learned counsel for the Petitioner contended the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case.

Learned Additional Standing Counsel on the other hand opposed the bail application of the Petitioner on the ground that the allegations made in the F.I.R. are serious in nature. He further contended that in the event the Petitioner is released on bail, there is a delay in conclusion of the investigation and filing of the charge sheet. Therefore, on such ground, learned counsel for the State submitted that the bail application of the Petitioner be rejected at this juncture.

Having heard learned counsel for the respective parties and on careful consideration of the surrounding facts as well as materials on record, this Court is inclined to release the Petitioner on bail subject to imposition of stringent conditions.

Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

Release of the Petitioner shall be subject to a verification of the fact that in the event the condition of the injured is critical, then this bail order shall not be given effect to.

The BLAPL is, accordingly, disposed of.

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