Mitu @ Susanta Behera Vs State Of Odisha

V. Narasingh, J

Since both the matters arise out of Tangi P.S. Case No.218 of 2022, they are heard together and disposed of by this common order on the consent of the parties.

Heard learned Senior Advocate, Mr. Mohanty being assisted by Mr. Sahoo, learned counsel for the Petitioners and Mr. Gaya, learned counsel for the State.

The Petitioners are accused in S.T. Case No.107 of 2023 pending on the file of learned 2nd Addl. Sessions Judge, Cuttack arising out of Tangi P.S. Case No.218 of 2022 for commission of the offence alleged under Sections 341/ 294/ 506/ 323/ 325/ 307/ 302/ 379/34 IPC.

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

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Cuttack by order dated 26.12.2023 and 23.12.2023 respectively in the aforementioned case, the present bail applications have been filed.

It is apt to note here that the Petitioners in BLAPL Nos.14651 of 2023 and 14652 of 2023 had approached this Court in BLAPL Nos.2590 of 2023 and 2591 of 2023 which were not entertained by order dated 24.04.2023 granting liberty to renew their prayer after examination of Kalu @ Deepak Kumar Behera-CSW No.13. The bail application of the Petitioner (Mitu @ Susanta Behera) in BLAPL No.14651 of 2023 was re-agitated in BLAPL

No.9473 of 2023 and in BLAPL No.12572 of 2023 and the same were rejected by order dated 05.10.2023 and 14.11.2023 respectively.

It is submitted by the learned Senior Advocate that the Petitioners are in custody since 24.10.2022 on the accusation of causing death of one Happy @ Bigyan Bhusan Mohanty and in the process one Deepak Behera was injured.

It is the case of the prosecution that the deceased was a pillion rider of the bike which was driven by Deepak Behera, CSW-13.

It is the submission of the learned Senior Counsel, referring to the witnesses who have already been examined, that no one has supported the prosecution including the injured Deepak Behera who has been examined as P.W.9 and the wife of the deceased Informant, P.W.10 and the mother of the deceased, P.W.11. Hence, from the nature of evidence on record, further continuance of the Petitioners in custody is not warranted.

Learned counsel for the State submits that out of 57 charge sheeted witnesses, only 12 witnesses have been examined and as per the time tested principle it is not prudent for this Court to make an assessment of the materials on record qua the accusation vis-à-vis the Petitioners at this stage and more so since the I.O is yet to be examined.

There is no cavil regarding such proposition of law.

Considering the nature of evidence qua the accusation vis-à-vis the accused persons and taking into account the period of custody, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.

Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station once every two weeks 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 Court in seisin and the Petitioners shall not in any way try to threaten/intimidate the witnesses who have been examined and are yet to be examined and shall appear on each date of trial. Violation of the conditions shall entail cancellation.

It is stated at the Bar that Petitioner (Mitu @ Susanta Behera) in BLAPL No.14651 of 2023 has one criminal antecedent and the Petitioners in BLAPL No.14652 of 2023 are the first offenders.

Before releasing, learned Court in seisin is requested to verify such assertions. If it comes to fore that such assertions are incorrect, this order shall not be given effect to.

Accordingly, both the bail applications stand disposed of.

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

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