State Of Odisha versus Jagabandhu Bhoi - Order No: 6

Later

13. 12. 2024 The case record is posted today for on order on the petition dated 13. 12. 2024 filed by the learned defence counsel for the Accused namely Surya Bhoi for release her on bail.

2. At the foot of the bail application, a certificate has been furnished that no similar petition is pending in another Court having jurisdiction including Hon'ble High Court. As such, the bail application is taken up for consideration.
3. The learned counsel for the Accused submitted that, the Accused is innocent aND has been falsely implicated in this case. There is no prima facie evidence made out U/s. 201/34 of IPC against the present petitioner aND she is no way involved in the alleged crime. He further submitted that, I. O. has already submitted the charge sheet as such; there is no chance of tampering with prosecution evidence by her. She is in custody since 03. 05. 2024. Therefore, with the above reasons, it is submitted to release the Accused on bail. On the other haND, the learned Addl. P. P vehemently opposed the release of the Accused on bail on the grouND of seriousness of the allegation aND on the grouND of availability of sufficient prima facie materials against her.
4. The prosecution allegation is that the informant Runi Behera, W/O- Muna Behera of village Kumanda, Belasuntha, P. S. - Angul Sadar, Dist-Angul lodged a written report at Angul P. S. to the effect that Accused Jagabandhu Bhoi got married to the deceased Ranju Bhoi since 30 years aND after marriage, they were quarreling with each other for some family dispute. Many times, they have solved the family matters. On dated 27. 04. 2024 at about 7. 00 P. M, there was quarrel in between the deceased aND Accused Jagabandhu Bhoi aND on dated 28. 04. 2024 at about 7. 00 A. M, she came to know that Accused Jagabandhu Bhoi after committing murder of his wife Ranju Bhoi buried

C. T. (S) Case No. 236/2024

her dead body in burial place of their village. Basing on such report, Angul Sadar PS case No. 287 dated 28. 04. 2024 was registered. In course of investigation, the IO fouND out that the present Accused-petitioner is involved in the alleged crime; she was arrested aND forwarded to the Court on 03. 05. 2024.

5. Perused the FIR, the statement of the witnesses, the seizure lists aND the postmortem examination report aND the other materials available on record which clearly reveals a strong prima facie case U/s. 201/34 of IPC against the present Accused. On consideration of the materials available on record, it reveals that the Accused Jagabandhu Bhoi has committed murder of his wife aND the present Accused aND other Accused persons helped the Accused Jagabandhu Bhoi for burial of the deceased without informing the police. I. O. has already submitted the charge sheet, hence there in no apprehension of tampering with prosecution evidence by the petitioner. The petitioner is residing within the jurisdiction of this Court aND hence there is also no apprehension of his fleeing away from justice. Co- Accused persons Satyabrata Bhoi aND Balmiki Bhoi were already released on bail by this court. The present Accused is in the similar footing with them. Further, the petitioner has already been detained in jail custody since 03. 05. 2024 during which she must have felt the rigour of law. Therefore, taking into consideration the entire facts aND circumstance of the case, I am inclined to release the petitioner on bail. As such, the bail petition of the petition Surya Bhoi is allowed with conditions that Let the petitioner be released on bail on furnishing bail boND of Rs. 30, 000/- (Rupees Thirty ThousaND Only) with TWO solvent sureties each for the like amount with conditions that (i) She shall not commit similar offence or by engaging herself in any criminal activity during the period of bail.

C. T. (S) Case No. 236/2024

• (ii) She shall not threaten the informant of the witnesses in any manner.
• (iii) She shall not tamper with the prosecution evidence aND
• (iv) She shall appear before the Court on each date of posting of the case till conclusion of trial. Violation of any of the conditions imposed upon the petitioner wouLd. entail cancellation of her bail. Put up later when bail bonds are filed. (Dictated) Sd/- Addl. Sessions Judge-cum- Special Judge(Vig. ), Angul.

Later……. 13. 12. 2024

Bail boND not filed. Put up on date fixed i. e. is on 06. 01. 2024 for hearing. Dictated Sd/- Addl. Sessions Judge-Cum- Special Judge(Vigilance), Angul

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References: Case Number - C.T.(S)/236/2024 | Case Type - C.T.(S) | CNR Number - ODAN010016292024 | Complex Name - Dj Court Complex, Angul | Court Name - 8-rajalaxmi Pattanayak-Addl. Dist. And Sessions Judge-cum- Special Judge Vigilance | Filing Date - 20-09-2024 | Judge Name - 8-Addl. Dist. And Sessions Judge-Cum- Special Judge Vigilance | List Date - 2025-05-28 | Order Date - 2024-12-13 | Order Number - 6 | Petitioner Advocates - Public Prosecutorjyotirmaya Tripathy | Petitioner Parties - State Of Odisha Advocate - Public Prosecutor | Respondent Parties - Jagabandhu Bhoi Advocate - Jyotirmaya Tripathy2) Surya Bhoi Advocate -Jyotirmaya Tripathy 3) Balmiki Bhoi Advocate -Jyotirmaya Tripathy 4) Satyabrata Bhoi Advocate -Jyotirmaya Tripathy | Status - Hearing