The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 4021 of 2025 Sahadeb Naik …. Petitioner(s) Mr. D.K. Mishra, Advocate -versus- …. Opp. Party(s)
Decision
Order No. 01. JUSTICE SIBO SANKAR MISHRA ORDER 16.05.2025 I.A. No. 445 of 2025 1. In the present bail application, the petitioner has moved an interim application seeking interim release on the ground mentioned in paragraphs-4, 5 and 6 of the application, which are as follows:- “4. That after the alleged incident, on 07-10-2023, the family members of the deceased along with other co-villagers came with a JCB and bulldozed his residential house, committed theft of valuables including a motorcycle and also publicly assaulted his family members including his young daughters. They have driven his family members out of the village and they have all come destitute. The matter was reported to the local police but no action was taken. It is only after the Petitioner addressed a prisoner’s petition to the Superintendent of Police, Kalahandi, that Bhawanipatna Sadar P.S. case No. 446 of 2023 - was 341/323/324/427/379/506/34 the accused persons. the Jail authorities, 13-11-2023 registered through against u/s on Page 1 of 4 5. That the Petitioner is a widower and has two daughters namely Princy Naik and Priya Naik, aged 5 years and 3 years the aforementioned circumstances they are now in the custody of their paternal-grandparents who have themselves become homeless pursuant the incident dated 07-10-2023 and are under immense financial and emotional duress. respectively. In to 6. That Princy Naik the elder daughter of the Petitioner is eligible to take admission in Class-1 and with the help of neighbour, her candidature has been applied for in KISS, Kalahandi under the Right to education policy. The parents of the Petitioner are illiterate and are not capable enough to deal with the formalities for the admission process. It is under such circumstances, that the Petitioner is required to be present for the admission process of his daughter.” 2. The petitioner is an accused in connection with Bhawanipatna Sadar P.S. Case No.375 of 2023 corresponding to C.T. Case No.969 of 2023, pending in the court of learned SDJM, Bhawanipatna and further corresponding to C.T. (Sessions) Case No. 14/13 of 2024 pending in the court of the learned Addl. Sessions Judge-cum-Special Judge (Vigilance), Bhawanipatna for the alleged commission of offence punishable under Section 302/34 of the IPC. 3. Notice was issued to the State on 09.05.2025 and pursuance of the same, the OIC, Sadar P.S., Bhawanipatna has submitted a report dated 16.05.2025, inter alia, stating as under:- “…….. The complt. Sahadeb Naik trying to kill to Jala Naik three times but he failed for same. Jala Naik always used to go his paddy threshing field in early morning. Found this opportunity the Sahadeb Page 2 of 4 Naik committed murder to Jala Naik by means of Axe and Knife at Jhergachabhatta, Sikerguda. In this a cog case has been regd. in Sadar PS Case No.375 dtd.1/10/2023 U/S 302/34 IPC against the complt. Sahadeb Naik and he has arrested in this case and he is in jail custody at Dist. Jail Bhawanipatna KLD. The villagers of the Sikerguda do not want a murderer and his family in their village. So the FIR namely alleged persons demolished the house of the Sahadeb Naik. On being interrogation to the accused persons, they stated that no any other persons involved in this incident. This is the reason behind the dispute in between family of the Sahadeb Naik and FIR namely alleged persons. After arrest of Sahadeb Naik, in fear his family members Parbesh Naik, Mangu Naik, Dashami Naik left their village and staying another village. While the family of the complt. Sahadeb Naik came to know about that matter. They proceeded to their village Sikerguda and found their house had demolished by their villagers. In this they asked to their villagers, who demolished their house. So the accused person namely, 1. Dhanu Naik (35) S/o- Ram Naik, 2. Santosh Naik (50) S/o- Buda Naik, 3. Malkundu Naik (50) S/o- Chamr Naik, 4. Pradip Naik, 5. Krushna Naik (30) S/o- Ajit Kumar Pradhan all are of vill-Sikerguda PS-Sadar Dist- Kalahandi came there and threatened to the family of the complt in kill in life. During investigation and supervision that no any witnesses could prove about assaulting incident to Mantu Naik, Prabesh Naik and Priya Naik and theft the household articles and Motor Cycle. ………….” The aforesaid report is taken on record. 4. Regard being had to the report furnished by the OIC, Sadar P.S., Bhawanipatna and the contention raised by the petitioner in the interim application, I am inclined to enlarge the petitioner on interim bail for a period of six weeks from the date of his release by the trial court in seisin over the matter in the aforesaid case Page 3 of 4 on such terms and conditions as it would deem just and proper. The petitioner is directed to surrender before the learned trial court after expiry of his interim bail period. 5. In so far as the regular bail plea of the petitioner is concerned, I am not inclined to entertain the same at this stage. 6. However, learned counsel for the petitioner submits that the petitioner is in custody since 01.10.2023 and although the charge sheet has been filed on 25.01.2024, however cognizance of offence has not yet been taken for want of C.E. report. 7. In view of the aforementioned, the petitioner is granted liberty to renew the bail plea before the learned trial court after surrendering on the expiry period of his interim bail. 8. Accordingly, the BLAPL is disposed of. 9. In so far as the interim bail application of the petitioner is concerned, the same has been allowed in terms of the preceding paragraphs. Ashok Judge (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 17-May-2025 15:15:03 Page 4 of 4