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High CourtsSingle Bench(2023) 06 OHC CK 0149

Mahendra Bariha And Others vs State Of Odisha

Orissa High Court · Decided on 28 June 2023

HON’BLE JUDGES
V. Narasingh, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 6783 Of 2023

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Judgment

13 paragraphs · 387 words

V. Narasingh, J

1.

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

2.

The petitioners are accused in connection with G.R. Case No.306 of 2016, pending in the file of learned J.M.F.C., Bangomunda, arising out of Bangomunda P.S. Case No.95 of 2016 for alleged commission of offences under Sections 498-A/302/304-B/34 of IPC read with Section 4 of the D.P. Act.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kantabanji by order dated 17.06.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner Nos.1 and 3 were released on bail by this Court by orders dated 17.10.2016 and 15.09.2016 in BLAPL Nos.6069 of 2016 and 5395 of 2016 respectively and Petitioner No.2 was released on anticipatory bail by this Court by order dated 25.10.2017 in ABLAPL No.13927 of 2016.

5.

It is submitted that from the date of release, the Petitioners were regularly appearing before the learned Court in seisin. Since on 13.04.2023, they could not appear before the learned Court in seisin for reasons beyond their control, NBW(A) was issued pursuant to which they were taken into custody on 25.05.2023.

6.

It is stated at the bar that co-accused Kuntala Bariha in the meanwhile has been released on bail by this Court by order dated 23.06.2023 in CRLMC No.2648 of 2023.

7.

Learned counsel for the State opposes the prayer for bail in view of the fact that the case is one inter alia under Section 302 of IPC.

8.

Taking into account the submission made by the learned counsel for the petitioners and the recitals in the bail application, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin so as to ensure their presence on each date of trial.

9.

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

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rules.

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