Raya Munda vs State of Orissa

V. Narasingh, J

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

The Petitioner is an accused in connection with G.R. Case No.91 of 2023, pending on the file of the learned S.D.J.M., Bonai, arising out of Koida P.S. Case No.14 of 2023 for alleged commission of offences under Section 302 of IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Bonai by order dated 09.08.2023 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the Petitioner is in custody since 14.02.2023 and as charge sheet has already been submitted on 31.08.2023 and the background in which the offence has been committed without premeditation, further continuance of the Petitioner in custody is not warranted.

Learned counsel for the State opposes the prayer for bail.

Perused the statement of eye witness of Nirasa Munda who is the wife of the deceased and mother of present Petitioner. From the tenor of the statement, this Court finds force in the submission of learned counsel for the Petitioner that the incident happened out of an altercation which took place between the father and son on account of the deceased misbehaving with mother and wife of the Petitioner.

Taking note of the same, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted in course of the day.

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