Orissa High Court
Himanshu Behera @ Fapu vs State Of Odisha .... Opposite Party on 16 July, 2021
Author: B. P. Routray
Bench: B. P. Routray
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8508 of 2020
Himanshu Behera @ Fapu .... Petitioner
Mr.A.Pandey, Advocate
-versus-
State of Odisha .... Opposite Party
Mr.P.K.Maharaj, ASC
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
16.07.2021 Order No.
4. 1. This matter is taken up by video conferencing mode.
2. Heard learned counsel for the Petitioner and learned counsel for the State.
3. This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner in connection with G.R.Case No.287 of 2020 arising out of Rajnagar P.S.Case No.231 of 2020 pending in the court of the learned J.M.F.C., Rajnagar for alleged commission of offence under Sections 302/420/120- B/34 of the I.P.C..
4. It is submitted that the Petitioner, namely, Himansu Behera @ Fapu is inside custody since 24.9.2020. It is further submitted that in the meantime, upon completion of investigation, chargsheet has been submitted alleging commission of offence under Sections 420/306/315/34 of the I.P.C.. It is further submitted that the present Petitioner is not the principal accused and the allegations against him that he helped the principal accused along with other co-accused persons in killing both the deceased mother and daughter, though as per investigation, both the deceased persons committed suicide by ante mortem drowning.
5. After hearing learned counsel for the State and considering the circumstances of the case as well as the cause of death of the deceased persons and the limited role alleged against the present Petitioner, it is directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court below in seisin over the matter including the condition that he 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.
6. The BLAPL is disposed of.
7. Copy of this order be uploaded in the High Court's official website as per Court's Notice No.4798, dated 15th April, 2021.
( B.P. Routray) Judge C Page 2 of 2