PRITIMAN DEY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a bail application U/S.483 of BNSS by the Petitioner for grant of bail in connection with Burla PS Case No.96 of 2023 arising out of GR Case No.143 of 2023 for commission of offences punishable U/Ss. 306 of IPC pending in the Court of learned JMFC-1(CT), Sambalpur.

(2.) The short facts involved in this case are that on 28/2/2023, one Chinmayee Priyadarsani Sahu (hereinafter referred as deceased) came to VSSUT, Burla to receive her certificate at the convocation and her mother learnt that she is going to Bhubaneswar in the night coach on the same day at 09.00PM, however, when her mother did not receive any call from the deceased, she called her and the deceased picked up the phone and the mother of the deceased found from the voice of the deceased that her throat was being pressed, but due to presence of someone, the deceased disconnected the phone. At about 10.00PM, the mother of the deceased received a call from Phone number-9338436223 that her daughter had fallen into water and she along with her husband thereafter rushed to Burla on the next day morning only to find out the dead body of deceased being recovered from the water. However, strongly believing the petitioner and one Tudu to have committed murder of the deceased and thrown the dead body into the water, the mother of the deceased lodged an FIR on 1/3/2023 at about 4.45PM before the IIC, Burla Police Station, who registered Burla PS Case No.96 of 2023 for commission of offences punishable U/S.302/201/34 of IPC resulting investigation in this case which culminated in submission of charge-sheet against only the petitioner for commission of offence punishable U/S.306 of IPC, but the petitioner was arrested on 31/3/2025 just before conclusion of the investigation on 2/4/2025.

(3.) In the aforesaid background of the facts, the petitioner has sought for bail inter alia on different grounds. Heard, Mr. Soura Chandra Mohapatra, learned Sr. Counsel, who is being assisted by Mr. S. Mohapatra, learned counsel for the petitioner, Mr. P. Satpathy, learned Addl. Public Prosecutor and Mr. Biplaba P.B. Bahali appearing along with S. Mishra, learned counsel for the informant and perused the record. In addition to oral arguments both the petitioner and the informant have filed their short written notes of submissions.