p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13047 of 2024 Tukuna Behera …. Petitioner Mr. A.Das, Advocate -versus- State of Orissa …. Opposite Party Mr. S.N. Das, ASC CORAM: JUSTICE V. NARASINGH Order No. ORDER 29.01.2025 01. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with S.T. Case No.243 of 2023 pending on the file of learned 3rd Addl. Sessions Judge, Berhampur arising out of Digapahandi P.S. Case No.174 of 2023 for commission of offence alleged under Sections 498- A/304-B/306/406 IPC and Section 4 of the 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. 4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned 3rd Addl. p. 2 Sessions Judge, Berhampur by order dated 27.11.2024 in the aforementioned case, the present BLAPL has been filed. 5. This is the fourth journey of the Petitioner to this Court. Earlier bail application of the Petitioner was rejected by order dated 02.02.2024 in BLAPL No.13521 of 2023, inter alia, referring to the statement of the independent witness C.W.4. 6. It is submitted by the learned counsel that in the meantime C.W.4 has been examined as P.W.4 and she has not supported the prosecution. 7. He has also drawn the attention of this Court to the statement of P.W.5 another independent witness. She has also not supported the prosecution. 8. It is stated that in the meantime charge sheet has been filed and a copy thereof is on record. 9. Learned counsel for the State opposes the prayer referring to the statement of P.W.3 and submits that there are other material witnesses on record to be examined and in a case of this nature it would not be prudent to make microscopic examination of the evidence on record. 10. Considering the nature of allegation and the evidence of independent witnesses, this Court directs p. 3 the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 11. Accordingly, the BLAPL stands disposed of. (V. NARASINGH) Judge PKS