Mita Rout vs State Of Odisha

S.K. Panigrahi, J

This matter is taken up through hybrid mode.

Heard Mr. Srinibas Sahoo, learned counsel for the Petitioner and  Mr. L. Samantaray, learned  Additional Government Advocate for the State.

The Petitioner being in custody in Badachana P.S. Case No.311 of 2021 corresponding to C.T. Case No.1343 of 2021, pending in the court of the learned J.M.F.C., Chandikhol, registered for the alleged commission of offences under Sections 306/506 of the I.P.C., has filed this petition for her release on bail.

The allegation of the prosecution is that the son of the informant namely Ratikanta Rana has committed rape of the Petitioner's minor daughter, namely, Rosalin Rout. The son of the informant arrested and forwarded to Jail custody. Thereafter, the matter was settled between the parties on compromise and son of the informant married the daughter of the Petitioner. Again the Petitioner instigated her daughter to give mental torture to the son of the informant and his family members. On 10.08.2021, the informant got information that his son laying unconscious on the foot of the Janhagiri hill. Then he was shifted to CHC, Badachana where the doctor opined that her son had taken poison. Thereafter, he shifted to Arogya Nursing Home, CDA, Cuttack and during course of treatment he expired on 14.08.2021. It is further alleged that without any information to police, his mother-in-law forced to take the deceased. Later on the information emerged that from video recording of mobile phone of her son that due to mental torture of the Petitioner, her son committed suicide.

Learned counsel for the Petitioner submits that the petitioner has been falsely entangled in this case. He further submits that the Petitioner is in custody since 18.08.2021. The trial has not yet been commenced nor there is likelihood of completion of trial in near future.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

Considering the submissions made and on going through the materials available on record, further keeping in view the surrounding circumstances including the period of detention of the Petitioner in custody without trial being commenced and there is a bleak chance of completion of trial in near future, it is directed that the Petitioner be released on bail with such terms and conditions as deemed just and proper by the court in seisin over the matter with further conditions that:-

i. the petitioner shall appear before the learned  trial  court  on  each  date  of posting of the case;

ii. she shall not indulge in similar activities in future and

iii. she shall not tamper the evidence of the prosecution witnesses in any manner.

Violation  of  any  of  the  conditions  shall  entail cancellation of the bail.

Accordingly, the BLAPL is disposed of.

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

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