1. Babaji Naik 2. Babu @ Pramod Naik State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 389 of 2024 1. Babaji Naik 2. Babu @ Pramod Naik State of Odisha ….. Vs. ….. Petitioners Ms. Anita Sahoo, Adv. Opp. Party Mr. S.S. Mohapatra, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 21.02.2024 (Through hybrid mode) Order No. 03. 1. Heard Ms. A. Sahoo, learned counsel for the petitioners and Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State. 2. This is the second application of the petitioners under Section 439 of 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 charge sheet dated 31.12.2023 has been submitted against the petitioners and co- accused Babaji Naik, Babu @ Pramod Naik and Sudam Nayak for commission of offences punishable under Sections 420, 395, 397, 120-B of IPC and Section 66(D) of I.T. Act and against Antaryami Nayak for commission of offences punishable under Sections 420, 395, 397, 120-B, 412 of IPC and Section 66(D) of I.T. Act and keeping the investigation is open. Page 1 of 6 3. The prayer for bail of the petitioner Babaji Naik had earlier been rejected in BLAPL No. 11078 of 2023 and the prayer for bail of petitioner no. 2 Babu @ Pramod Naik had been rejected in BLAPL No. 11080 of 2023 by a common order passed on 12.10.2023 by this Court granting them liberty to approach the learned Court below after completion of the investigation. 4. The prayer for bail of the petitioners had been rejected vide order dated 09.01.2024 passed by the learned Assistant Sessions Judge, Khandapara. 5. 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 has taken 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 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him and threatened to kill him, for which he supplied the secret PIN of his PhonePe and ATM and Rs.1,00,000/- each was withdrawn from his PhonePe and from his ATM (total Rs.2,00,000/-).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. Page 2 of 6 After registration of the case, some of the accused persons were arrested and total cash of Rs.1,50,000/- has been recovered. 6. Ms. A. Sahoo, learned counsel for the petitioners submits that the petitioners are in custody since 05.09.2023 and the main accused Pramod Naik has been directed to be released on bail on his surrender by order dated 10.10.2023 passed in ABLAPL No. 11166 of 2023. She further submits that though it is stated that the petitioner no.1 Babaji Naik has four criminal antecedents, in three of the cases the police has submitted the final report as no clue and though it is stated that petitioner no.2 Babu @ Pramod Naik has two cases, but in both the cases the police has submitted the final report stating no clue and as most of the money which has allegedly been taken from the informant has been seized during investigation, the prayer for bail of the petitioners may be sympathetically considered as the investigation has been completed in the meanwhile. 7. An affidavit has been filed by Raj Naik, F/o. Babu @ Pramod Naik stated that the petitioner No.2 Babu @ Pramod Naik has two criminal antecedents-Khandapada P.S. Case No. 182 of 2020 and Khandapada P.S. Case No. 34 of 2020 in which the police has submitted final report no clue. Another affidavit has been filed by Rina Naik, W/o. Babaji Naik stating that the petitioner No.1 Babaji Page 3 of 6 Naik was an accused in 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. 244 of 2019 and the police has submitted final report in three of the cases as no clue and only Khandapada P.S. Case No. 244 of 2019 under Section 294, 341, 323, 427, 506, 34 of IPC is pending in which the petitioner has been released on bail. 8. Mr. S.S. Mohapatra, learned Addl. Standing Counsel for the State opposes the prayer for bail stating that charge sheet has been submitted under Section 395 of IPC and other sections, keeping the investigation open as accused Kishore Naik is yet to be arrested. He further submits that steps have been taken for cancellation of bail in respect of Promad Naik who had been released on bail pursuant to order passed in ABLAPL No. 11166 of 2023 as T.I. parade has not been held and recovery of cash has been made from him which he has received from the bank account. 9. Considering the nature of allegations against the petitioners, the period spent by them in jail custody and as Rs.1,50,000/- out of Rs.2,00,000/- of the seized cash has already been recovered and the petitioner no.1 has one criminal antecedent in Khandapada P.S. Case No. 244 of 2019 under Section 294, 341, 323, 427, 506, 34 of IPC Page 4 of 6 and petitioner no.2 has no criminal antecedent as final report no clue is stated to have been filed in the rest cases in which they were accused, has been submitted in both the cases in which he is alleged to have been involved, I am inclined to allow the prayer for bail, but subject to stringent conditions. 10. The petitioners- Babaji Naik and Babu @ Pramod Naik shall be released on bail on such terms and conditions as may be fixed by the learned Court in seisin over the matter after verifying that the submissions mentioned above regarding their criminal antecedents are correct, including the following conditions:- (i) They will not indulge in any criminal activity while on bail. (ii) They 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. (iii) They shall not leave the jurisdiction of the trial Court without permission of the trial Court once trial starts. (iv) They will report before the I.I.C., Khandapada Police Station once a month preferably on a Sunday for a period of six months from the date of their release. 11. Violation of any condition will entail in cancellation of bail. Page 5 of 6 12. The BLAPL is accordingly disposed of. 13. Urgent certified copy of this order be granted on proper application. 14. A copy of this order be supplied to Mr. S.S. Mohapatra, learned Addl. Standing Counsel for onward transmission to the Khandapada 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: 23-Feb-2024 17:49:28 Page 6 of 6