Makuru Purty 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.46 of 2023, pending in the Court of learned Additional Sessions Judge, Baripada arising out of Sarat P.S. Case No.41 of 2022, for commission of alleged offences under Sections 498-A/304-B/302/506/34 of IPC read with Section 4 of D.P. Act.

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

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional District & Sessions Judge, Baripada, by order dated 12.12.2023 in the aforementioned case, the present bail application has been filed.

This is the second journey of the Petitioner to this Court. Earlier the bail application of the Petitioner was disposed of by this Court by order dated 17.10.2022 in BLAPL No.9491 of 2022.

It is submitted by the learned counsel that the Petitioner is in custody since 23.05.2023 and as in the meanwhile trial has progressed and material witnesses have not supported the prosecution, further continuance of the Petitioner in custody is unwarranted.

Learned counsel for the Petitioner draws the attention of this Court to the deposition of P.W.8- Mother of the deceased and that of brother of the deceased-P.W.9 who have resiled.

Learned counsel for the State opposes the prayer for bail and submits that as per the time tested principle, during the currency of trial it is not open for this Court to make a detailed examination of materials on record.

It is his further submission that material witnesses including Chandu Purty-C.W.22 are yet to be examined. Hence, releasing the Petitioner at this stage would affect the ongoing trial.

Considering the nature of allegation and the depositions of the most interested witnesses i.e. the brother and mother of the deceased, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the learned Court in seisin.

It is further directed that the Petitioner shall not in any way try to intimidate the family of the deceased.

It shall be open to the family member of the deceased and the Prosecution to seek variance of this order, in case there is any threat perception.

It is needless to state here that the observations made herein are only for the purpose of consideration of the bail application of the Petitioner and this ought not to be construed as this Court expressing any opinion regarding his complicity which has to adjudged independently in the impending trial.

Accordingly, the BLAPL stands disposed of.

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

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