Jogeshwar Behera vs State Of Odisha

Heard Mr. S.C. Mohapatra, learned counsel for the Petitioner and Mr. J. Katikia, learned Additional Government Advocate.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Jogeshwar Behera in connection with Paikmal P.S. Case No.170 of 2019 corresponding to C.T. Case No.51 of 2019 pending in the court of learned Additional Sessions Judge, Padampur for alleged commission of offence under Section 306/34 of the Indian Penal Code read with Section 67/67(A) of IT Act.

It is submitted that the Petitioner is inside custody since 28th September, 2019 and despite directions of this Court dated 11th November, 2020 passed in BLAPL No.2710 of 2020 to conclude the trial by end of July, 2021, not a single witness has been examined till date.

On the other hand it is submitted by Mr. Katikia, learned Additional Government Advocate that due to COVID situation, the Courts were not regularly functioning for which delay was effected in concluding the trial.

Considering the period of detention of the Petitioner and the nature of offences alleged, it is directed to release the present Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence.

The BLAPL is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.