Santisila Wadeka vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with Dasamantpur P.S. Case No.64 of 2017 corresponding to C.T. Case No. 105 of 2017 pending in the Court of learned Addl. Sessions Judge, Koraput for offences punishable under sections 302/201/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of Addl. Sessions Judge, Koraput, which was rejected on 27.10.2022.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since July 2017 and his earlier bail application in BLAPL No. 8256 of 2019 was rejected as per order dated 29.01.2021 and the learned trial Court was directed to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of the order and liberty was granted to him to renew the prayer for bail after examination of the material witnesses in the learned trial Court. Learned counsel further submitted that in the meantime, trial has commenced and thirteen witnesses have been examined including the informant and none of them have supported the prosecution case and therefore, in view of the change in the circumstances, the bail application may be favourably reconsidered. Learned counsel has filed the deposition copies of the aforesaid thirteen witnesses.

Learned counsel for the State does not dispute the submission that the prosecution witnesses have not supported the prosecution case.

Perused the deposition copies of the witnesses. Considering the submissions made by the learned counsel for the respective parties, the change in the circumstances after rejection of the earlier bail application, the nature of evidence adduced so far and since  none  of  the  prosecution  witnesses  have supported the prosecution case and taking into account the period of detention of the petitioner in judicial custody, I am inclined to reconsider the prayer for bail and direct the petitioner to be released on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case is posted for trial and shall not try to tamper with the prosecution evidence. Violation of any of the conditions shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

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