The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4761 of 2024 Raja @ Biswajit Nanda @ Mahananda …. Petitioner Mr. Jugala Kishore Panda, Advocate -versus- State of Odisha …. Opp. Party Mr. S.K.Mishra, ASC CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 04.10.2024 1. The petitioner is an accused in connection with Sonepur P.S. Case No.166 of 2023 corresponding to G.R. Case No.156 of 2023 for the offences punishable under Sections 450/394/307/354-B/427/506 of the IPC read with Sections 25/27 of the Arms Act pending in the Court of the learned S.D.J.M., Sonepur. The petitioner had approached the learned Sessions Judge, Sonepur in BLAPL No.83 of 2024 praying for grant of bail. The learned Court below vide its order Page 1 of 5 Order No. 03. dated 03.04.2024 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that, on 17.07.2023, the complainant reported at Sonepur P.S. alleging that, on 16.07.2023 at about 2 P.M., the present petitioner came to his house and abused in filthy language. The petitioner being armed with hammer and lathi came to the place of occurrence. Out of fear, the complainant closed the door. The accused-petitioner damaged his household articles by hammer and assaulted him by means of fist blow. The petitioner had taken cash of Rs.900/- from him and threatened to kill his son by showing the pistol on the temple of his head. The petitioner outraged the modesty of the wife of the complainant and threatened to rape her. After hearing the hulla of the wife of the complainant, the neighbours came to the spot and the petitioner fled away. Hence, the F.I.R. 4. Pursuant to the direction of this Court dated Page 2 of 5 12.09.2024, the petitioner has filed an affidavit, inter alia, enumerating the number of cases pending against him. 5. Learned counsel for the petitioner submits that out of 9 cases, in many cases, the petitioner has already been acquitted. Initially, the petitioner was arrested in Balangir Town P.S. Case No.409 of 2023. During his custody, his confessional statement was recorded. On the basis of his confessional statement he has been taken on remand in the present case. The petitioner in the affidavits disclosed the following antecedents: “(i) For the offences punishable under Sections 457/380/411/34 IPC in connection with Sonepur P.S. Case No.129 of 2014 corresponding to G.R. Case No.356 of 2014 now pending in the Court of C.J.M., Sonepur, in which he as on bail. (ii) For the offences punishable under Sections 457/380/34 IPC, in connection with Sonepur P.S. Case No.120 of 2014 corresponding to G.R. Case No.322 of 2014 in which he was acquitted by the learned CJM, Sonepur. (iii) For the offences punishable under Sections 457/380/411/34 IPC, in connection with Sonepur P.S. Case No.136 of 2014, in which he was on bail. (iv) For the offences punishable under Sections 457/34 IPC, in connection with Sonepur P.S. Case No.22 of 2015 corresponding to J.C. Case No.5 of 2015, in which he was acquitted by the Juvenile Justice Board, Sonepur. (v) In Sonepur P.S. Case No.171 of 2014 final report is acquitted and the case is closed on 17.03.2020. (vi) In Balangir Town P.S. Case NO.182 of 2019, in Page 3 of 5 which he has been acquitted on 27.08.2021. (vii) In Balangir Town P.S. Case No.150 of 2019, in which case he has been acquitted on 11.10.2021. (viii) In Balangir Town P.S. Case No.232 of 2023, in which case he was on bail. (ix) In Balangir Town P.S. Case No.368 of 2023, in which case he was on bail.” 6. The petitioner has been in custody since 03.10.2023. 7. Mr. Mishra, learned Additional Standing Counsel for the State submits that, owing to the number of criminal antecedents against the petitioner, if this Court would grant him bail, he should be put to stringent conditions. 8. Regard being had to the nature of the allegation against the petitioner and the fact that in many cases, the petitioner has already been acquitted and in the present case, he was taken on remand, while he was in custody in another case on the basis of his confessional statement, I am inclined to enlarge the petitioner on bail. 9. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions: (i) The petitioner shall appear before the I.I.C., Page 4 of 5 concerned Police Station on every Sunday between 10.00 A.M. and 12.00 P.M. for at least six months; (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall appear before the trial Court on each date on which the case is posted for trial; (iv) He shall not tamper with the evidence in any manner whatsoever; (v) He shall not commit any offence while on bail, and (vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 10. The BLAPL is accordingly disposed of. Judge Subhasis (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 05-Oct-2024 14:43:04 Page 5 of 5