Surendra Bacha vs State of Odisha

Savitri Ratho, J

Heard Mr. A. Tripathy, learned counsel for the petitioner and Mr. D.K. Mishra, learned Addl. Government Advocate for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Ambadola P.S. Case No. 126 of 2021 corresponding to C.T. Case No. 33 of 2022 pending in the Court of the learned Addl. Sessions Judge, Gunpur (Circuit At-Bissamcutack) registered for commission of offences punishable under Sections 498-A, 302 of IPC.

The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge, Gunupur (Circuit At-Bissamcutack) which was rejected on 22.08.2023.

The allegations against the petitioner is that on 21.10.2021, the petitioner assaulted his wife with the Tangia with resulted in her death and pursuant to his statement under Section 27 of the Evidence Act, he has given recovery of the said Tangia.

Mr. A. Tripathy, learned counsel for the petitioner submits that the petitioner is in custody since 23.10.2021 and in the meanwhile 9 witnesses have been examined out of 25 witnesses which includes the informant Sanda Majhi who is the father of the deceased. He draws my attention to the statement of the petitioner recorded under Section 27 of the Evidence Act and submits that the petitioner has assaulted the victim on account of grave and sudden provocation. He further submits that the petitioner may be released on bail in order to prepare his defence in the trial which is going on

Mr. D.K. Mishra, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that if the petitioner is released at this stage, he shall tamper with the evidence as the material witnesses are yet to be examined.

Considering the nature of allegations against the petitioner and the genesis of the occurrence and period of detention of the petitioner in custody, I do not think this is a fit case to release the petitioner on bail. But as the petitioner is in custody since more than two years and trial has not yet been completed, I am inclined to release the petitioner on interim bail for a period of three months from the date of his release to enable him to arrange for his defence.

Let the petitioner Surendra Bacha be released on interim bail for a period of three months (from the date of his release) on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions :

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses.

(iii) He will remain present in the trial Court on each date it if fixed for trial.

(iv) He will report in the Ranpur Police Station on every Sunday between 2.00 p.m. to 5.00 p.m.

(v) On expiry of the period of interim bail, the petitioner shall surrender before the learned trial court without fail.

Violation of any condition will entail in cancellation of interim bail.

Any observations in this order should not influence the learned trial Court.

The BLAPL is accordingly disposed of.

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

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