The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2072 of 2024 Sananda Bhue ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. - Sarat Kumar Jena Opposite Parties Represented By Adv. - Mr.M.R.Mishra, ASC
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 08.08.2024 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with BargarhSadar P.S. Case No.258 of 2023 corresponding to C.T. Case No. 146/74 of 2023 pending in the Court of the learned Additional Sessions Judge, Bargarh for alleged commission of offence under Section 341/294/324/307/506/302/34 of I.P.C. 4. Learned counsel for the Petitioner submits that earlier this matter was not before any other Bench of this Court. Learned counsel for the petitioner submitted that the petitioner is in custody Page 1 of 4. since 19.07.2023. He further submitted that in the meantime the investigation has been concluded and the final charge sheet has been filed since 11.11.2023. Learned counsel for the petitioner further submitted that although the charge has been framed, the trial has not commenced as of now. 5. With regard to the prosecution case, learned counsel for the petitioner submitted that both deceased and the present petitioner are related to each other. A dispute arose between the both brothers with regard to a piece of land which was being demanded by the deceased to construct a house under Indira Awaas Yojana. On one occasion when all the brothers were present and discussing about the land, the accused Sukadev Bhue, who is the petitioner in BLAPL No.14422 of 2023,Sananda Bhue and Srikant Bhue, who is the petitioner in BLAPL No.13999 of 2023, assaulted Chatura Bhue and Sudam Bhue. As a result of such assault, Sudam Bhue succumbed to the injury whereas Chatura Bhue sustained some injuries and survived. With regard to the assault by the accused persons, learned counsel for the petitioner submitted that one of the eye-witness namely Neheru Sahu, in his statement, has vividly narrated the incident and he has stated that Sukadev Bhue assaulted the deceased by means of an axe and dealt a blow on his head, while Sanand Bhue dealt blows on his back. So far Srikant Bhue is concerned, it has been stated that he was holding an iron rod and assaulted on the leg and back of the deceased. The aforesaid witness Neheru Sahu, who was present at the spot, has also stated that when he objected to the aforesaid assault, the accused persons threaten him. After receiving the blows that two injured persons fell down on the ground and were shifted to the hospital with the help of local villagers. Subsequently the injured Sudam Succumbed to the injury sustained. Learned counsel for the Page 2 of 4. petitioner, further referring to the evidence on record, particularly the statement of Neheru Sahu i.e. one of the eye witnesses, submitted that even though Srikant Bhue was present at the spot, he was however only holding an iron rod and, as per the allegations he has given blows on the back and leg of the deceased which implies that the Srikant Bhue did not have any intention to kill the deceased. Moreover, it is a matter of fact that the blow given by Sukadev Bhue by means of an axe is the cause of death of the deceased. Learned counsel for the petitioner further contended that accused Srikant Bhue does not have any criminal antecedent and that he is aged about 20 years. He further submitted that the petitioner belongs to the locality, therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioner submitted that the Petitioner be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 6. Learned counsel for the State objected to the release of the petitioner on bail on the ground that there are ample materials on record to establish the role of the Petitioner in the alleged crime. He further submitted that the deceased was assaulted brutally as a result of which he succumbed to his injuries in the course of the aforesaid incident. He further contended that in the event the petitioner is released on bail there is likelihood that he might abscond, which might cause a delay in conclusion of the trial. On such grounds, learned counsel for the State submitted that the bail application of the petitioner be rejected at this juncture. 7. Having heard the learned counsels appearing for the Parties, on a careful examination of the materials on record as well as Page 3 of 4. surrounding fact and circumstances, this Court observes that there are direct allegation of assault against the accused Sukadev Bhue in BLAPL No.14422 of 2023, therefore his involvement in the incident is very clear from the evidence of above-named eye-witness Neheru Sahu. 8. So far as the petitioner is concerned, it is observed that he dealt blows on the leg and back of the deceased which are not fatal. Furthermore, considering the fact that the petitioner is aged about 45 years and, the period of custodial detention since 19.07.2023, this Court is inclined to release the petitioner on bail subject to the said petitioner furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the aforesaid terms and conditions shall entail cancellation of the bail. 9. It is further directed that the bail granted to the Petitioner is also subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked. 10. BLAPL is accordingly disposed of. 11. Issue urgent certified copy as per Rules. ( A.K. Mohapatra ) Judge RKS Signature Not Verified Page 4 of 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 09-Aug-2024 17:31:06