The court upheld the principle that bail should not be denied as pre-trial punishment, emphasizing the presumption of innocence and the need for careful assessment of potential flight risk and witness tampering.

JUDGMENT :

G. Satapathy, J.

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 28.02.2023, 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 01.03.2023 at about 4.45 PM 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 31.03.2025 just before conclusion of the investigation on 02.04.2025.

2.1. In the course of investigation, but prior to submission of charge-sheet, the mother of the deceased has filed WPCRL No.46 of 2023 in this Court with a prayer to produce certain documents such as CDR(Call Details Record) of the deceased, petitioner, one Manas Tudu and another Anshuman Dala Behera; PM report of the deceased with Viscera report and Diatom test report; CCTV footage; spot visit report of SO & ACE, DFSL, Sambalpur; Video recording of autopsy conducted on the deceased and to preserve all the documents, but the aforesaid WPCRL was later on converted to CRLMP No.777 of 2023 on the petition of the mother of the deceased. In addition, the mother of the deceased being dissatisfied with the progress of investigation has approached this Court in CRLMC No.2665 of 2024 for de- novo investigation/re-investigation, however, both the CRLMP No.777 of 2023 & CRLMC No.2665 of 2024 are pending before this Court. In addition, on 14.08.2023 the mother of the deceased has instituted a complaint against the petitioner and Manas Tudu before the learned JMFC(I), Sambalpur in ICC No. 20 of 2023 with the selfsame prayer as advanced in WPCRL No.46 of 2023/ CRLMP No.777 of 2023, but the said complaint was closed and disposed of on 24.04.2025 on the memo of the learned counsel for the petitioner who inter alia stated that the petitioner does not want to proceed further with the complaint as the charge sheet has already been submitted by the IO in the original GR Case record in GR Case No. 143 of 2023.

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