Situ @ Sujit Naik @ Sujit Kumar Naik … v. ….. Mr. Prakash Kumar Mishra, Adv. Opp. Party Mr. S. S. Mohapatra, A.S.C. CORAM
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 762 of 2024 Situ @ Sujit Naik @ Sujit Kumar Naik ….. Petitioner State of Odisha Vs. ….. Mr. Prakash Kumar Mishra, Adv. Opp. Party Mr. S. S. Mohapatra, A.S.C. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 27.02.2024 (Through hybrid mode) Order No. 03. 1. This application under Section 439 of Cr.P.C. has been filed in connection with Kankadahad P.S. Case No. 215 of 2023 corresponding to G.R. Case No. 969 of 2023 pending in the court of the learned S.D.J.M., Kamakhyanagar registered for commission of the offences punishable under Section 399, 402 of the of IPC, read with Section 3 & 4 of Explosive Substance Act against the petitioner and 6 others. Charge sheet dated 20.01.2024 has been filed, keeping investigation open against seven persons including the present petitioner under Section 399, 402 of the of IPC, read with Section 3 & 4 of Explosive Substance Act. 2. The prayer for bail of the petitioner has been rejected on 26.12.2023 by the learned Additional Sessions Judge, Kamakhyanagar in BLAPL No. 296 of 2023. Page 1 of 5 3. The prosecution case in brief against the petitioners is that on 21.11.2023, at about 10.00 p.m., the ASI of Kankadahad police station while performing patrolling duty, at about 2 a.m., detected the petitioner and the other accused persons sitting inside the bus stoppage in candlelight and gossiping among themselves. They surrounded the accused persons. On interrogation they confessed that they had come to the spot for committing dacoity at Birasal and its nearby villages. On search police found two packets of chilly powder, two bill hooks, five hand bombs and one lighter gun kept inside a Ciaz car bearing registration. No. OD-02-X-3612 and one pulsar motorcycle bearing registration. No. OD-05-BC-4048 and these are seized. They also confessed that they were previously involved in series of robbery/dacoity cases under Dhenkanal Sadar PS, Balimi PS of Dhenkanal district and Kanpur PS, Tigiria PS and Athagarh police stations under Cuttack (R) police district. After the IIC, Kankadahad PS was intimated to send some additional police personnel to the spot. At 4.10 a.m., after arrival of more police men arrived at the spot and the FIR was drawn up at the spot. It was sent to the police station for formal registration of FIR and the petitioners were arrested. 4. Mr. P. K. Mishra, learned Counsel for the petitioner submits that the petitioner is in custody since 22.11.2023. He further submits that the petitioner and the co-accused had gathered at the spot with the Page 2 of 5 allegedly incriminating articles to frighten away wild animals which often come to their village. He further submits that the petitioner did not have any criminal antecedents, but after his arrest in the present case he has been shown as accused in 4 cases, Mr. P.K. Mishra, learned counsel for the petitioner also submits that he has filed comprehensive affidavit (erroneously typed as compliance affidavit) sworn by the father of the petitioner wherein it has been stated that after the petitioner was arrested in connection with the present case, he has been shown as accused in, (i) Balimi P.S. Case No. 233/2022, u/s 394 of IPC, (ii) Dhenkanal Sadar P.S. Case No. 878/2023, u/s 457/380 of IPC, (iii) Balimi P.S. Case No. 156/2023, u/s 394 of IPC and (iv) Banki P.S. Case No. 400/2023, u/s 392 of IPC read with section 25 of Arms Act, but has been remanded only in Balimi P.S. Case No. 233 of 2022, in connection with the second case BLAPL No. 1141 of 2024 has been filed in this Court under Section 439 of the Cr.P.C. He further submits that till date the petitioner has not been remanded in Dhenkanal Sadar P.S. Case No. 878/2023, Balimi P.S. Case No. 156/2023 and Banki P.S. Case No. 400/2023, which had been registered against the unknown persons. He also submits that since investigation has been completed in the case and charge sheet dated 20.01.2024 has been filed, the petitioner may be released on bail. Page 3 of 5 5. Mr. S. S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that in view of the number of criminal antecedents of the petitioner he does not deserve to be released on bail. He submits that the submission that the four cases in which the petitioner is allegedly involved were registered against unknown persons has to be verified because the supporting documents have not been filed. He further submits that charge sheet dated 20.01.2024 has been filed against 7 persons including the present petitioner under Section 399,402 of the IPC, read with Section 3 & 4 of the Explosive Act, but investigation has been kept open. 6. Considering the nature of allegations against the petitioner, especially the submission that the petitioner did not have any criminal antecedents till he was arrested in this case and all the 4 cases in which he is stated to be an accused have been registered against unknown persons and the submission that the petitioner has been remanded only in Balimi PS case No. 233 of 2022 till date, I am inclined to allow the prayer for bail of the petitioner, subject to verification of the submission of the counsel. 7. The petitioner Situ @ Sujit Naik @ Sujit Kumar Naik shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, after verifying that the four cases referred to above were registered against un-known Page 4 of 5 persons and the petitioner has been remanded only in one case, 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 co-operate with further investigation. (iv) He will appear in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 of the Cr.P.C. on any particular day. 8. Violation of any condition will entail in cancellation of bail. 9. The BLAPL is accordingly disposed of. 10. Urgent certified copy of this order be granted on proper application. Subhalaxmi (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 29-Feb-2024 20:44:57 Page 5 of 5