The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1200 of 2023 Akash @ Sarbeswar Swain Petitioner Mr. S.C. Mohapatra, Sr. Advocate …. State of Odisha -versus- …. Opposite Party Mr. S.R. Roul, A.S.C. CORAM: JUSTICE CHITTARANJAN DASH Order No.
Decision
ORDER 15.02.2023 02. 1. Heard the learned counsel for the Petitioner and the State. 2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 341/323/332/186/353/294/354/ 506/34, I.P.C. in connection with Sea Beach, Puri P.S. Case No.27 of 2023 corresponding to G.R. Case No.62 of 2023 pending in the court of the learned J.M.F.C.-I (Cog.Taking), Puri. 3. It is alleged against the Petitioner that, in the midnight of 27th January, 2023 between 12.50 A.M. to 1.00 A.M. the complainant, who is a lady police officer of Puri Sea-Beach P.S., while performing patrolling duty in the police vehicle, noticed 8 to 10 persons standing in front of Hotel Anuradha on New Kakatua Hotel Road and all of them were under the influence of alcohol. The complainant having stopped her vehicle questioned them as to why were they standing at such late hour of the night and told them to disperse immediately. At this, one of the accused persons namely Page 1 of 5 // 2 // Chintu @ Biswaranjan Mohapatra of Balisahi, Puri challenged the action of the complainant police officer asking her to leave the spot without interfering in their matter and said that they would leave only after she leaves the place. As the police officer on duty warned him to leave the place, accused persons namely Chintu Mohapatra, Papa Mishra, Dipuna Mishra of Balisahi, Akash (the present Petitioner) of Lokanath Road, Muni and Dipu – staff of Pyassa Wine Liquor Shop and other 4 to 5 accused persons who could not be identified, abused her in filthy languages. While the complainant officer attempted to capture video-recording in her mobile phone for the purpose of tracing their identity, suddenly the above-noted accused persons rushed to her and tried to snatch away her mobile phone by giving her several push backs. They also held her hand and applied force to snatch away her mobile phone forcibly, for which she sustained injury on her upper palm. They also dragged her by holding the shirt collar of her uniform dress and they also stopped her patrolling vehicle forcibly and gave threats to kill her in life by abusing her in filthy languages. On the basis of the report lodged to that effect by the complainant lady officer, F.I.R. was registered and investigation commenced. While the investigation is in progress, the Petitioner moved in the present, apprehending his arrest. 4. Mr. S.C. Mohapatra, learned Sr. Advocate appearing on behalf of the Petitioner submitted that the allegations are concocted and from the narrations in the F.I.R. it emerges that the persons present at the spot being under influence of alcohol might have exchanged some arguing words on the face of the high handedness of the police Page 2 of 5 // 3 // personnel, which cannot be brought within the ambit of the offences as alleged, and as such the Petitioner may be considered for pre- arrest bail. 5. Learned counsel for the State on the contrary submitted that the action of the present Petitioner along with other co-accused persons are quite unbecoming of their position as “Sevayats” of Lord Shri Lokanath at Puri and as the leader of the political party. He further submitted that the present Petitioner has criminal antecedent to his credit in connection with Kumbharapada P.S. Case No.55 of 2020 in grave offence. 6. Law and order has been the key responsibility of the State, and its machinery. Police being an important wing of the government in this regard is obvious to take a call in maintaining law and order in the society. Absence of its alertness would pose a disastrous effect on maintaining peace and tranquility in the society. Admittedly, the incident took place at the midnight. The lady Sub-Inspector of Police while discharging her official duties conducting the night patrolling dissuaded the present Petitioner along with other co- accused by instructing them not to congregate on the road at such late hour of the night and told them to disperse at once. It is also alleged that the present Petitioner along with his associates were under the influence of alcohol. The conduct of the police officer cannot be taken otherwise, as it speaks of her responsibility, but the manner in which she was dealt with by the Petitioner and his associates is quite deplorable more so when they claim themselves to be the ‘Sevayats’ of the deity and leader of the political party. Page 3 of 5 // 4 // Aghast for this Court to note this since it is expected that the persons with such stature need to become example for the public/society in their behavior and sobriety, as they get identity only through their conduct and behavior towards the public and officials and not by showing their highhandedness and vandalism. The criminal antecedent standing to the credit of the Petitioner indicates his conduct. According to the learned counsel, the present Petitioner is holding a responsible position in a political party and hence his action is quite unbecoming of his position, as alleged against him. Be that as it may, from the narrations in the F.I.R. it reveals that by the time the other police personnel arrived at the spot getting call from the victim police officer, the Petitioner and his associates were very much present at the spot and nothing prevented the police officers who arrived at the spot to the rescue of the victim police officer to take them to custody, but they did not. 7. In view of the discussions as above, having regard to the nature of allegations, the seriousness and gravity of the offence and the facts and circumstances of the case, while this Court is not inclined to grant anticipatory bail to the petitioner, it is directed that the Petitioner, if so chooses, may surrender before the learned J.M.F.C.-I (Cog.Taking), Puri in the aforesaid G.R. Case No.62 of 2023 during the first hour within three weeks hence and move for bail, the learned Magistrate shall consider the bail application of the Petitioner in the first hour of the day itself, strictly on the basis of the materials available on record. 8. In case of rejection of the bail application by the learned Magistrate, the Petitioner may move for bail before the higher Page 4 of 5 // 5 // forum in the second hour of the same day. In that event, the court in the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit, strictly on the basis of the materials available on record, without being influenced by any observation made herein by this Court or even presuming it to be a direction in affirmative. 9. Case Diary be transmitted and made available to the learned courts below, at the cost of the Petitioner, as soon as possible, to facilitate disposal of the bail application of the Petitioner on the same day itself, if there be no legal impediment. 10. The courts below shall apply their own wisdom in allowing or rejecting the application. The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) S.K. Parida Page 5 of 5