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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.334 of 2024 Sudam Naik State of Odisha … vs. ... Petitioner Ms.Anita Sahoo, Advocate Opposite Party Ms.S.Mishra, ASC CORAM: JUSTICE SAVITRI RATHO Order No. 05.
Decision
ORDER 11.03.2024 (Through hybrid mode) 1. This is the second application of the petitioner under Section 439 Cr.P.C. in connection with Khandapada P.S. Case No.207 of 2023 corresponding to G.R. Case No.202 of 2023, pending in the Court of the learned J.M.F.C., Khandapada where chargesheet has been submitted against the petitioner and co-accused, Babaji Naik, Babu @ Pramod Naik and Sudam Naik for commission of offences punishable under Sections 420, 395, 397, 120-B of IPC and Section 66 (D) of the I.T. Act and against one Antaryami Naik for commission of offences punishable under Sections 420, 395, 397, 120-B/412 of IPC and Section 66 (D) of the I.T. Act keeping the investigation open. Ms.Anita Sahoo, learned counsel for the petitioner submits that now the case is pending in the Court of the learned Sessions Judge, Nayagarh as S.T. Case No.41/2024. Page 1 of 5 2. BLAPL No.11079 of 2023 filed by the petitioner had been disposed of by a common order passed on 12.10.2023 in BLAPL No.11078 of 2023 filed by the co-accused Babaji Naik, BLAPL No.11080 of 2023 filed by co-accused Babu @ Pramod Kumar Naik @ Pramod Naik and BLAPL No.11079 of 2023 filed by the present petitioner rejecting the prayer for bail and granting liberty to the petitioners to move the learned Court below for bail afresh after completion of investigation. In the meanwhile, the prayer for bail of co-accused, Babaji Naik and Babu @ Pramod Kumar Naik had been allowed on 21.02.2024 in BLAPL No.389 of 2024 by me. 3. The prayer for bail of the petitioner has been rejected on 09.01.2024 by the learned Asst. Sessions Judge, Khandapada on the ground that there has been recovery of Rs.25,000/- from the petitioner and petitioner is involved in Khandapada P.S. Case No.142 of 2018, Khandapada P.S. Case No.182 of 2020, Khandapada P.S. Case No.13 of 2020, Khandapada P.S. Case No.34 of 2020 and Khandapada P.S. Case No.02 of 2020. 4. The prosecution allegation in brief is that the informant got message on Facebook messenger regarding sale of Hanuman Coin and contacted the person on his mobile and he asked him to meet him on 27.08.2023 at Kantilo bus stand. From Kantilo bus stand, he was taken Page 2 of 5 by the brother of the accused persons to an unknown place within 10 to 15 kms away. There he was surrounded by four persons who put a pistol on his head and assaulted him. They asked him to give his PhonePe and ATM secret PIN and assaulted him and threatened to kill him, for which he supplied the secret PIN of his PhonePe and ATM and Rs.1,00,000/- each was withdrawn from his PhonePe and from his ATM (total Rs.2,00,000/-). The informant escaped from the spot on the plea of attending the call of nature and lodged the FIR. After registration of the case, some of the accused persons were arrested and total cash of Rs.1,50,000/- has been recovered. 5. Ms.Anita Sahoo, learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2023 and the petitioner has not been named in the FIR. He had been put to T.I. parade, but he has not been identified in the said T.I. parade. She further submits that the learned Court below has referred to five cases pending against the petitioner but in reality the petitioner had been arrayed as an accused in six cases - (i) Khandapada P.S. Case No.142 of 2018, (ii) Khandapada P.S. Case No.182 of 2020, (iii) Khandapada P.S. Case No.13 of 2020, (iv) Khandapada P.S. Case No.34 of 2020, (v) Khandapada P.S. Case No.02 of 2020 and (vi) Khandapada P.S. Case No.39 of 2014. In three of the cases the police has filed the final report and presently only three cases are pending against the petitioner and in all the cases he has been Page 3 of 5 released on bail. The three cases pending against him are (1) Khandapada P.S. Case No.02 of 2020 under Sections 498-A, 506, 494/34 of IPC, (ii) Khandapada P.S. Case No.142 of 2018 under Sections 294, 506, 354-B/34 of IPC and (iii) Khandapada P.S. Case No.39 of 2014 under Sections 447, 427, 394, 354, 323, 379, 506, 34 of IPC. Final report has been submitted by the police in (i) Khandapada P.S. Case No.34/2020, (ii) Khandapada P.S. Case No.02 of 2020 and (iii) Khandapada P.S. Case No.13 of 2020. 6. Ms.S.Mishra, learned Addl. Standing Counsel opposes the prayer for bail stating that as the petitioner has three criminal antecedents, he does not deserve to be released on bail. 7. Considering the submissions of learned counsel, especially the submission that three cases which were registered under Sections 379/392 IPC and other allied offences, final report has been submitted by the police and Khandapada P.S. Case No.138 of 2014 which is under Section 379 IPC and other offences is of the year, 2014 and Khandapada P.S. Case No.02 of 2020 and Khandapada P.S. Case No.142 of 2018 do not relate to any offence similar to the present case and as co-accused have been released on bail and as more than 50% of the cash has been recovered, I am inclined to allow the prayer for bail, subject to stringent conditions. Page 4 of 5 8. The petitioner – Sudam Naik shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that only three cases as mentioned above are pending against him in which he has been released on bail, including the following conditions : (i) He will not indulge in any criminal activity while on bail. (ii) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C. (iv) He shall not leave the jurisdiction of the trial Court without permission of the trial Court once trial starts. 9. Violation of any condition will entail in cancellation of bail/ recall of this order. 10. The BLAPL is accordingly disposed of. 11. Urgent certified copy of this order be granted on proper application. Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Reason: Authentication Location: Orissa High Court Date: 19-Mar-2024 18:59:46 ………………………... (SAVITRI RATHO) JUDGE Page 5 of 5