Debendra Swain State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 309 of 2024 Debendra Swain State of Odisha ….. Vs. ….. Petitioner Mr. K.K. Rout, Adv. Opp. Party Mr. S.S. Mohapatra, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 08.04.2024 (Through hybrid mode) Order No. 06. 1. Perused the explanation of the scanning team. The explanation is not satisfactory. The Deputy Registrar (Judicial) should ensure that such mistakes are not repeated in future. 2. This is the second application under Section 439 of Cr.P.C. in connection with Abhayachandpur P.S. Case No. 0125 of 2021 corresponding to G.R. Case No. 794 of 2021 and C.T. Case No.112 of 2023 pending in the Court of the learned Addl. District and Sessions Judge, Kujanga where charge sheet dated 07.10.2023 has been filed under Sections 286, 336, 307, 34 of IPC read with Sections 3 and 4 of the Explosive Substances Act against the petitioner and one Chuguna Jena keeping the investigation open as Page 1 of 6 per Section 173(8) of Cr.P.C. 3. The earlier application of the petitioner BLAPL No. 10642 of 2023 has been disposed of on 12.10.2023 by me granting interim bail for a period of two months to the petitioner to look after the treatment of his mother who was suffering from cancer and was under treatment KIIMS, Bhubaneswar. 4. After the petitioner surrendered to custody he moved the learned Court below for bail afresh and his prayer for bail has been rejected on 03.01.2024 by the learned Addl. District and Sessions Judge, Kujang. 5. The prosecution allegation in brief is that in the intervening night of 3/4.12.2021 somebody exploded bombs in the house of the informant and his family came out a noticed that one bomb was lying in front of their verandah from which smoke was coming out. Another unexploded bomb was near the verandah and they saw some miscreants fleeing from the spot on their motor cycle and entering the house of the present petitioner and it was stated that the co-accused Tukuna Jena along with one Ranjan Bar, Rashmiranjan Sahoo, Basanta Gochhayat and Manas Bardhan had earlier threatened to kill the informant. Page 2 of 6 6. Mr. K.K. Rout, learned counsel for the petitioner submits that he had been remanded in this case on 14.01.2022 while he was in custody in another case. He further submits that the investigation has been completed in the case so far as the petitioner is concerned and preliminary charge sheet has been filed. He further submits that there is no direct material against the petitioner, and he has been implicated in the case merely because some miscreants were seen entering his house and although it is stated that he has twenty-six criminal antecedents all these cases relate to protests and demonstrations against setting up of a JSW project in Erasama. He also submits that the petitioner has been released on bail in all the cases, he has been arrested/ remanded in. 7. An affidavit has been filed by one Jnana Ranjan Samantaray, cousin of the petitioner who has given the details of 26 cases in the form of a table and the details of the date of the bail orders and the Court which has granted bail have been mentioned. Sl. No. 8 is Abhayachandpur P.S. Case No. 50 of 2019 corresponding to G.R. Case No. 499 of 2019 which is under Sections 341, 323, 506, 34 of IPC where he has stated to have received notice under Section 41-A of Cr.P.C. on 04.02.2022 and it has been stated that charge sheet has Page 3 of 6 been filed in the said case. It has also been stated that Sl. No. 15 in Abhayachandpur P.S. Case No. 126 of 2021 corresponding to G.R. Case No. 794 of 2021 (C.T. No. 107 of 2022) is under Section 395, 353 of IPC and that he has been granted interim bail by this Court in BLAPL No. 12833 of 2022 on 19.10.2023 in connection with the said case and it is now posted for judgment. 8. Mr. Rout, learned counsel for the petitioner further submits that in most of the cases, false and exaggerated allegations have been made against the petitioner to detain him in jail custody in order to prevent him from participating in the protests and demonstration against setting up of the JSW Steel Plant. He finally submits that co- accused Chuguna Jena has been released on bail vide order dated 11.01.2024 in BLAPL No. 12794 of 2023 and the petitioner stands on a better footing. 9. Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that the petitioner is a hardened criminal having 26 criminal antecedents for which he does not deserve to be released on bail as he is likely to create disturbance after he is released. 10. Considering the nature of allegations against the petitioner, Page 4 of 6 the period of his detention in jail custody and the submission that he has been released on regular bail in 24 out of the 26 cases in which he has been shown as accused and in the remaining two cases, he has been granted interim bail in one case and another case he has been issued notice under Section 41-A of Cr.P.C. and all these cases relate to protests and demonstrations against the JSW Steel Plant, I am inclined to allow the prayer for bail. 11. The petitioner- Debendra Swain shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii) He will report before the Abhayachandpur Police Station once in a month preferably on a Sunday between 3.00 p.m. to 5.00 a.m. till completion of trial. (iv) He shall remain present in Court on each date it is fixed for trial. 12. Violation of any condition will entail in cancellation of bail. Page 5 of 6 13. The BLAPL is accordingly disposed of. 14. Urgent certified copy of this order be granted on proper application. 15. A copy of this order be supplied to Mr. S.S. Mohapatra, learned Addl. Standing Counsel for onward transmission to the I.I.C., Abhayachandpur Police Station. Sukanta (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-Apr-2024 13:43:46 Page 6 of 6