IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7110 of 2024
Kartika Bagarti @ Petitioner
….
Kartika Bagarty
Mr. S. Dwibedi, Advocate
-versus-
State of Odisha Opposite Party
….
Mr. S.K. Nayak, AGA
CORAM: JUSTICE V. NARASINGH
ORDER
31.07.2024
Order No.
01. 1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is an accused in connection with
Sessions Case No.45/16 of 2023 pending on the file
nd
of learned 2 Additional Sessions Judge, Balangir,
arising out of Deogaon P.S. Case No.61 of 2023
for commission of offence alleged under Sections
498-A/304-B/306/34 of IPC read with Section 4 of
D.P. Act.
3. Learned counsel, on instruction, submits that
except the present BLAPL, no other bail application of
the Petitioner relating to the aforementioned P.S.
case is pending in any other Court.
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4. Being aggrieved by the rejection of his
application for bail U/s.483 of the Bharatiya Nagarik
nd
Suraksha Sanhita (BNSS) by the learned 2
Additional Sessions Judge, Balangir by order dated
02.07.2024 in the aforementioned case, the present
BLAPL has been filed.
5. This is the fourth journey of the Petitioner to
this Court. Earlier the bail applications of the
Petitioner were disposed of by orders dated
18.07.2023, 04.10.2023 & 28.06.2024 in BLAPL
Nos.6362 & 10589 of 2023 & BLAPL No.2671 of 2024
respectively.
6. It is submitted by the learned counsel that the
Petitioner is in custody since 29.03.2023 (wrongly
mentioned as 28.03.2023 in order dated 04.10.2023
in BLAPL No.10589 of 2023) and charge sheet has
been filed on 25.07.2023.
7. The attention of this Court is drawn to the
order rejecting the bail application of the Petitioner in
BLAPL No.10589 of 2023 by order dated 04.10.2023
and it is submitted that in the said order, liberty was
granted to renew the prayer after examination of
C.W.2-Bharat Hati, brother of the deceased and it is
also stated that C.W.35 whose statement was also
referred to in the earlier order of rejection was
declined to be examined by the prosecution.
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8. The deposition of C.W.2-Bharat Hati examined
as P.W.1 is on record and apart from it the
depositions of other 12 witnesses have already been
placed on record.
9. Referring to the same, learned counsel for the
Petitioner seeks release.
10. Learned counsel for the State opposes the
prayer for bail.
11. Considering the evidence on record and period
in custody, this Court directs the Petitioner to be
released on bail on such terms to be fixed by the
learned Court in seisin.
12. It is needless to state here that the
observations made herein are only for the purpose of
consideration of bail and ought not to be understood
as this Court expressing any opinion regarding the
complicity of the Petitioner and the same has to be
adjudicated independently in the impending trial.
13. Additionally, it is directed that the Petitioner
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 learned Court in seisin.
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14. It is further directed that the Petitioner shall
not in any way try to intimidate the informant and his
family.
15. It shall be open for the informant/Prosecution
to seek variance of this order in the event there is
any threat perception.
16. Accordingly, the BLAPL stands disposed of.
17. Urgent certified copy of this order be granted
as per rules.
(V. NARASINGH)
Judge
Ayesha
Signature Not Verified
Digitally Signed
Signed by: AYESHA ROUT
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-Aug-2024 17:06:29
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