JUSTICE v. NARASINGH Order No. ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.7083 of 2025 Raja Nayak …. Petitioner Mr. R.R Sahoo, Advocate -versus- State of Odisha …. Opposite Party Mr. C.R. Swain, AGA CORAM: JUSTICE V. NARASINGH Order No. ORDER 24.06.2025 02. 1. Heard learned counsel for the Petitioner and
Legal Reasoning
learned counsel for the State. 2. The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.27 of 2025 pending in the Court of learned JMFC (II), Bhubaneswar, arising out of Mancheswar P.S. Case No.10 of 2025 for commission of offence punishable under Sections 103 (1)/ 3(5) of BNS. 3. It is submitted by the learned counsel that the case is based on circumstantial evidence and since the charge sheet has already been filed and taking into account the nature of allegation, he may be protected by pre-arrest bail. 4. Such submission is opposed by the learned counsel for the State. Page 1 of 2 5. It is apt to note here that this Court by order dated 25.04.2025 was not inclined the bail application of the co-accused, Hira Nayak @ Lili Nayak @ Heera. 6. It is submitted by the learned counsel for the State that the Petitioner is ex facie similarly circumstanced with the said co-accused. Hence, the Petitioner ought not be protected by pre-arrest bail. 7. Learned counsel for the Petitioner places reliance on brief facts of the case under column-16 of the charge sheet. For convenience the same is extracted hereunder: “xxx xxx xxx On 08.01.2025 at 11:30 AM, on the written report of Sunita Nayak (30), W/oLt. Dhega Sahadeb Nayak of Kedarpalli, Bapujinagar PSCapital, BBSR DistKhurda, IIC registered Mancheswar PS case No10, Dtd. 08.01.2025 U/s103 (1)/3(5) BNS and directed me to take up investigation of the case During course of investigation, I visited the spot, the spot of this case is NH16 Fly over in front of Lafranlin Hotel Rasulgarh located at distance about 1 KM towards west to P.S, examined the witnesses who well proved the occurrence as well as charge against the accused persons. I seized saline extract of blood satin in gauge cloth and control gauge cloth (unstained) from scientific officer Sushri Sabinaya, DSFL, Bhubaneswar. I also seized one wooden grip having visible blood stain, one orange colour Jupiter bearing regd NoOD02CX1697, one pink colour helmet Page 2 of 6 and red colour helmet (full), one Samsung mobile phone from the spot in presence of witnesses. Hold inquest over the dead body of deceased Sahadev Nayak in presence of witnesses and sent the dead body of the deceased to mortuary house of Capital Hospital for conduct P.M examination with pray to collect biological sample from the dead body of deceased. I also seized some sealed plastic container containing air dray blood shock gauge, scalp hair, nail clipping and wearing apparels of deceased Dhega Sahadev Nayak collected and sealed by MO of capital Hospital, BBSR on production by OAPF228 Rajbandhu Kutruka in presence of witnesses. Received information from sources that, the accused persons who committed murder to deceased Sahadev Nayak are absconding towards Nayagarh by bus, on getting information I along with my staff followed the accused Mantei Laxmidhar Nayak, Susei Susanta Nayak, Raki Nayak, Lipika Nayak and also apprehend Kuni Luky Laxmi Nayak and Anda. Rakesh Nayak and arrested them. On being interrogation under the process of 23 BSA the accused Manteai Laxmidhar Nayak and Anda Rakesh Nayak led the Police to Daya River near village Basiaghai under Dhauli P.S and gave recovery the weapon of offence i.e Chapad, Katuri, two big bag the used motor cycles which they conceal in French bush, which were seized. Accused Raki Nayak also produced the wearing apparels of the accused persons which he concealed on the nearby area and I also seized the same in presence of witnesses and forwarded the accused persons to the Honble Court of JMFCII, Bhubaneswar. I have also sent the seized exhibits the Director SFSL, Page 3 of 6 Rasulgarh through Honble court for chemical examination as well as DNA profiling analysis and opinion. The C.E and DNA profiling analysis report is awaited. The PM examination report has been received from MO Capital Hospital, BBSR and the MO opined that, the injuries are ante mortem in nature and could have been caused by heavy sharp cutting weapon like Khanda or kati and injuries are homicidal nature. I also made correspondence with Commissioner BMC, Tahasildar, Bhubaneswar, RTOII, BBSR and obtained reports. I have also obtained the IMEI search, CDRS, CAFs and SDRs from the concerned service provider through DCP, BBSR UPD in favour of deceased Sahadev Nayak, witnesses and accused persons for the purpose of investigation and analysed the same. This case was supervised by Addl. DCP, Sri Sanjaya Kumar Mohapatra, OPSI, Bhubaneswar UPD and the instructions imparted on the S. Note has been complied so far. The above noted accused now in Judicial custody at Jharapada special Jail, Bhubaneswar. The other accused persons namely Hira Nayak, Nilu Nayak, Raja Nayak and Sulei Nayak are yet to be arrested and other material evidences are also yet to be collected in this case. The statutory period i.e 90 days of the case is going to be completed on 08.04.2025. The investigation so far reveals that the deceased, Dhega Sahadev Nayak, was living at Kedarpalli Basti, Bapuji Nagar, P.SCapital, with his wife, Sunita Nayak, and two daughters: Shreya Nayak, aged about 12 years, who studies at MBS School behind Ram Mandir, and Sampurna Nayak, aged about 6 years, who is also studying at the same school in LKG Deceased Page 4 of 6 Sahadev Nayak worked as a Supervisor at BMC and was elected as the Secretary of the BMC Sweeper Association. During his tenure as Secretary, he created some enmities with individuals involved in the drug business. Many people opposed him, as his actions hampered their interests. His sincere intention to make the society drugfree led to him forwarding certain individuals involved in the drug trade to the court. One of these individuals was the accused Lipika Nayak, who, along with others, was sent to court. All the accused persons believed that they were imprisoned because of Sahadev Nayaks intervention and actions. Therefore, they wanted to eliminate him. While in jail, the accused persons conspired to kill Sahadev Nayak and his family. Lipika Nayak and Laxmidhar Nayak had personal enmity with Sahadev Nayak, as he had removed them from their positions at BMC. The other accused persons, Rakesh and Laki, a husband and wife duo, also held a grudge against Sahadev Nayak, as he had attacked Laki about a year earlier. Additionally, Rama Nayak was involved in a brown sugar business, and Sulei Nayak had some prior conflict with Sahadev Nayak. Prior to the incident, Rama Nayak, her son Nilu Nayak, daughter Hira Nayak, nephew Raja, Pinki, and Susei Susanta Nayak went to Sahadev Nayaks house, quarrelled with him, and threatened him with dire consequences. Prior to became as secretary of BMC sweeper association, BMC had dismissed Susei Susanta Nayak from his BMC supervisor position due to poor sanitation work and unauthorised absent leading to a desire for revenge from Susei Susanta Nayak and his family. As a result, Susei Susanta Page 5 of 6 Nayak sought an opportunity to murder Sahadev Nayak. The accused persons, namely Mantei Laxmidhar Nayak, Rama Nayak, Nilu, Hira, Susei Susanta Nayak, Pinki, Raja, Anda Rakesh Nayak, and Kuni Lucky Laxmi Nayak, hatched a conspiracy in the house of Rama Nayak to kill Sahadev Nayak. They advised Susei Susanta Nayak to procure the weapon for the crime. On 05.01.2025, Lipika Nayak was released from Jharapada Jail, and due to ongoing personal enmity, the accused persons, with common objective, connived and devised a plan to kill Sahadev Nayak. xxx xxx xxx” 8. On close scrutiny of the same, this Court is not persuaded to hold that there is no prima facie case against the Petitioner as being urged so as to grant to exceptional remedy in pre-arrest bail. 9. In view of the same, this Court is not inclined to entertain the ABLAPL. 10.
Decision
Accordingly, the ABLAPL stands disposed of. (V. NARASINGH) Soumya Judge Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 26-Jun-2025 17:04:40 Page 6 of 6