IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9951 of 2024 Birendra Prasad Yadav …. Petitioner Mr. P.K. Maharaj, Advocate -versus-

State of Odisha …. Opp. Party Mr. S.J.

Mohanty, ASC CORAM:

JUSTICE SIBO SANKAR MISHRA Order ORDER No. 08.01.2025

05.

1. The petitioner is an accused in connection with Brajarajnagar P.S. Case No.118 of 2023 corresponding to C.T. Case No.456 of 2023 in the court of learned JMFC-1 (Cog. Taking), Jharsuguda corresponding to CT (Sessions) Case No.108 of 2023, pending in the court of learned Additional Sessions Judge, Jharsuguda for the alleged commission of offences punishable under Section 302/34 IPC. The petitioner had approached the learned Additional Sessions Judge, Jharsuguda in C.T. (Sessions) Case No.108 of 2023 praying for grant of bail. The learned Court below vide its order dated 20.08.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail.

2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

3. The prosecution case is that the informant’s husband namely Indrajit Paswan (deceased) was working as a truck driver of Birendra Yadav (Petitioner) since last 4 years. The petitioner was not paying his wages in time. When Indrajit Paswan was asking for payment to Birendra Yadav (petitioner) and his son Deepak Yadav were paying only 2 to 3 thousand rupees and assaulted him. On 16.05.2023 at 11.30 AM Deepak Yadav has taken the informant’s husband saying there is loading work. On 17.05.2023 at 2.00 PM Deepak and Asish brought her husband by a motor cycle in serious condition and left him outside of the house. When the informant asked about the matter Deepak told that, her husband is under influence of liquor and fled away. On being asked in presence of her mother-in-law and son, her husband said that Deepak and Birendar have assaulted him. After sometime the condition of her husband was critical for which they shifted him to hospital where the doctor declared him dead. Birendra Yadav, Deepak Yadav and others committed murder of her husband by assaulting. Hence the F.I.R.

4. During investigation, statement of three vital witnesses, namely, Sarita Devi, Pramila Devi and Amit Paswan were recorded under Section 164 Cr. P.C. Sarita Devi, the wife of the deceased and Amit Paswan is the minor son of the deceased. Apart from these three witnesses, all other witnesses have already been examined by the prosecution. Sarita Devi, the wife of the deceased has been examined as P.W. 3, who in her statement inter alia has stated as under:-

“1. I am the complainant of this case. I do not know the accused persons standing in the dock. I also do not know the accused Birandra Yadav produced through V.C. (name suggested). The deceased is my husband. 2. I have not lodged any FIR in the police station. My husband had stated before me that he was working as a driver under one Birendra Yada to whom I have never seen. On 16.05.2023, my husband had been to Samaleswari Mines for laoding the truck of Birendra Yadav. On 17.05.2023, two unknown persons brought my husband by a motor cycle and left him in our home by saying that he was ill due to sun stroke. Thereafter, my father-in- law took him to Mandalia Hospital for treatment. In Mandalia Hospital doctor declared him dead. My husband died due to heart attack because of sun stroke.”

The said witness has resiled from her earlier stament made under Section 164 Cr.P.C. and did not support the prosecution.

5. The other witness, namely, Pramila Devi, who has been examined as P.W.4 has also not supported the prosecution and in her statement inter alia she has stated as under:

1. I know the informant Sarita Devi. I know the deceased. I do not know the accused persons standing in the dock. I also