Orissa High Court
Balabanta Kata vs State Of Odisha …. Opposite Party(S) on 22 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12004 of 2024
Balabanta Kata .... Petitioner(s)
Mr. R. N. Prusty, Advocate
-versus-
State of Odisha .... Opposite Party(s)
Ms. S. Moharana, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
ORDER
22.01.2025
Order No.
03. 1. This is an application under Section 439 Cr.P.C.
2. The petitioner is an accused in connection with S.T. Case
No.59 of 2024 arising out of C.T. Case No.79 of 2024
corresponding to Boden P.S. Case No.79 of 2024 for the offences
under Sections 294/304 of I.P.C. pending in the Court of the learned
Sessions Judge, Nuapada. The petitioner had approached before the
learned Court below praying for grant of bail. The learned Court
below vide its order dated 25.11.2024 has rejected the bail
application of the petitioner. Being aggrieved, the petitioner has
filed the present petition under Section 439 Cr.P.C. praying for
enlargement on bail.
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3. The prosecution case in short is that, on 18.03.2024, when
the marriage ceremony of the nephew of the informant was going
on and all the family members, friends, relatives and well-wishers
were engaged in the feast and merry making, at that time, another
nephew i.e. the petitioner in the present case unnecessarily picked
up quarreled with him. Seeing this, when informant’s husband
asked him not to create scene, the petitioner did not respond him
and abused him in the obscene languages. It is further alleged that
the petitioner pushed her husband, as a result of which, her husband
fell down on the hot water pot and sustained burn injury on his
portion. Therefore, he was taken to the hospital for treatment. But,
on 05.03.2024, during treatment, he had expired. Hence, the F.I.R.
4. All the vital witnesses to the prosecution have already been
examined. Out of thirteen witnesses, seven witnesses have been
examined. The injured witness has also been examined as P.W.6.
He in his deposition has very categorically stated that all of them
including the accused were in an inebriated condition when the
incident had taken place. The other witnesses have also deposed in
the similar line. It is apparent from the record that the accused-
petitioner as well as the other persons those who picked up the
quarrel with the petitioner leading to the incident were completely
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in drunken/inebriated condition. That perhaps the reason, the
prosecution has filed the present case for the alleged offence
punishable under Section 304 I.P.C. besides the other allied
offences.
5. Ms. Moharana, learned Additional Standing Counsel for
the State has vehemently opposed the bail on the ground that the
allegations against the petitioner are serious in nature. The trial is
proceeding at an expected pace. Hence, at this stage, the petitioner
is not entitled to bail.
6. Regard being had to the period of custody from 20.03.2024
and the nature of accusation against the petitioner, I am inclined to
admit the petitioner on bail.
Hence, the petitioner is directed to be released on bail by
the Court in seisin over the matter in the aforesaid case on such
terms and conditions as it would deem just and proper, subject to
the following additional conditions:-
(i) The petitioner shall appear before the trial Court on each
date on which the case is posted for trial.
(ii) He shall not leave the jurisdiction of the trial Court till
disposal of the trial.
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(iii) He shall not tamper with the evidence in any manner
whatsoever.
Violation of any of the conditions shall entail consideration
for cancellation of the bail granted to the petitioners. In the event,
any of the bail conditions are violated by the petitioners, the
prosecution is given liberty to move appropriate application before
the Court below for recalling the concession of bail. If such
application is moved, the trial Court should decide the application
on its own merit.
7. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna
Signature Not Verified
Digitally Signed
Signed by: SWARNAPRAVA DASH
Reason: Authentication
Location: High Court of Orissa
Date: 23-Jan-2025 11:27:45
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