1. Bapuni @ Ranjit Rout 2. Papu Rout State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1378 of 2024 1. Bapuni @ Ranjit Rout 2. Papu Rout State of Odisha ….. Vs. ….. Petitioner Mr. Arun Kumar Das -1, Adv. Opp. Party Mr. M.R. Mishra, A.S.C. CORAM: JUSTICE SAVITRI RATHO ORDER 06.05.2024 (Through hybrid mode) Order No. 04. 1.
Legal Reasoning
Heard Mr. Arun Kumar Das, learned counsel for the petitioners and Mr. M.R. Mishra, learned Addl. Standing Counsel for the State. 2. 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 where charge dated 20.01.2024 has been filed against the present petitioners and co-accused Pintu @ Sipun Sahoo, Madan @ Saroj Nayak, Situ @ Sujit Kumar Naik, Prakash @ Prakash Chandra Behera and Bikash @ Sankur Sethy for commission of offences under Section 399, 402 of IPC read with Section 3, 4 of the Explosive Substances Act. 3. This application has been listed before me as BLAPL No. 93 of
Decision
2024 filed by co-accused Sankar Sethy has been disposed of by me on Page 1 of 6 11.01.2024. 4. The prayer of the petitioners had been rejected vide order dated 26.12.2023 by the learned Addl. Sessions Judge, Kamakhyanagar. 5. The prosecution allegations in brief are 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 other accused persons sitting inside the bus stoppage in candlelight and gossiping among themselves. They surrounded them and found seven persons who disclosed their names. 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 numbers of bill hooks, five numbers of 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 parked near the rest shed. They also confessed that they were previously involved in series of robbery/dacoity cases under Dhenkanal Sadar Police Station, Balimi Police Station of Dhenkanal district and Kanpur, Tigiria and Athagarh police stations under Cuttack (R) police district. At 3.30 a.m., the accused persons were detained and the fact was intimated to the I.I.C., Kankadahad Police Station to send some additional police personnel to the spot. At 4.10 a.m. more police men arrived at the spot and the FIR was drawn up at the spot. One constable Page 2 of 6 was sent to the police station for formal registration of the case. 6. Mr. Arun Kumar Das, learned counsel for the petitioner submits that the petitioners are in custody since 22.11.2023 and in the meanwhile a number of co-accused persons standing on similar footing have been released on bail. He further submits that an affidavit has been filed by Bauribandhu Rout, father of petitioner no.1 Bapuni @ Ranjit Rout stating as follows: (i) Hindol P.S case no.100/2023, corresponding to G.R Case No. 286/2023, Offence U/s.392 of I.P.C & U/Sec.25 of Arms Act pending in the court of S.D.J.M., Hindol. Wherein the petitioner has been released on bail and now the trial is going on. (ii) Kankadahad P.S Case No.47/2023, corresponding to G.R no.212/2023, offence U/s.394 of I.P.C & Sec.25 of Arms Act, pending in the court of S.D.J.M, Kamakhyanagar wherein the petitioner is in custody. (iii) Dhenkanal Sadar P.S Case No.914/2023, corresponding to G.R case no. 1628/2023, Offence U/s.461/380 of I.P.C., pending in the court of S.D.J.M, Dhenkanal, Wherein the petitioner is on bail. (iv) Dhenkanal Sadar PS Case no.955/2023, corresponding to G.R Case No.1772/2023, Offence U/s. 461/380 of I.P.C, pending in the court of S.D.J.M, Dhenkanal, wherein the petitioner has been released on bail. (v) Dhenkanal Sadar P.S Case No.856/2023, corresponding Page 3 of 6 to G.R. case no. 1507/2023, Offence U/s.394 of I.P.C & Sec. 25 & 27 of Arms Act, pending in the court of S.D.J.M, Dhenkanal, wherein petitioner is in custody. He also submits that an affidavit has been filed by Brajabandhu Rout, father of petitioner no.2 Papu Rout stating as follows: (i) Kankadahad P.S case no.90/2023, corresponding to G.R Case No. 374/2023, Offence U/s.392 of I.P.C pending in the court of S.D.J.M, Kamakhyanagar. Wherein the petitioner has been released on bail and now the trial is going on. (ii) Dhenkanal Sadar P.S. Case No.856/2023, corresponding to G.R no. 1507/2023, offence' U/s.394 of I.P.C & Sec.25 of Arms Act., pending in the court of S.D.J.M., Dhenkanal, wherein the petitioner is in custody. (iii) Dhenkanal Sadar P.S Case No.914/2023, corresponding to G.R. case no. 1628/2023, Offence U/s.461/380 of I.P.C., pending in the court of S.D.J.M, Dhenkanal, Wherein the petitioner is on bail. (iv) Dhenkanal Sadar PS Case no.955/2023, corresponding to G.R Case No. 1772/2023, Offence U/s. 461/380 of I.P.C, pending in the court of S.D.J.M, Dhenkanal, wherein the petitioner has been released on bail. (v) Rasol P.S Case No.223/2023, corresponding to G.R case no.724/2023. Offence U/s.394 of I.P.C, pending in the court of S.D.J.M, Dhenkanal, where in petitioner is in custody. 7. Mr. M.R. Mishra, learned Addl. Standing Counsel for the State Page 4 of 6 opposes the prayer for bail stating the petitioners are habitual offenders and have not been granted bail in all the cases pending against them. In view of his antecedents, the petitioners are likely to commit similar offence if they are released on bail. 8. Considering the nature of allegations against the petitioners and as all their antecedents involve offences triable by a Magistrate and the submission that Bapuni @ Ranjit Rout has been granted bail in three out of five cases and the petitioner no.2 Papu Rout has been granted bail in three cases out of five cases, I am inclined to allow the prayer for bail subject to stringent conditions. 9. Let the petitioners Bapuni @ Ranjit Rout & Papu Rout 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 of criminal antecedents as mentioned in paragraph 6 of this order, including the following conditions: (i) They will not commit any offence while on bail. (ii) They will not try to influence or threaten the prosecution witnesses. (iii) They will report before the I.I.C., Kankadahad Police Station once in a week on every Sunday between 4.00 p.m. to 6.00 p.m. till conclusion of trial. Page 5 of 6 (iv) They will remain present in the trial Court on each date it is fixed for trial unless their appearance is dispensed with by the learned trial Court on that day. 10. Violation of any condition will entail in cancellation of bail. 11. The BLAPL is accordingly disposed of. 12. Urgent certified copy of this order be granted on proper application. 13. A copy of this order be supplied to Mr. M.R. Mishra, learned Addl. Standing Counsel for the State for onward transmission to the I.I.C., Kankadahad Police Station. 14. It is open to the prosecution to move for cancellation of bail/recall of this order in case the petitioners violate any condition. 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: 07-May-2024 20:46:33 Page 6 of 6