The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.5733 OF 2024 Sagar Gouda State of Odisha Kuna Gouda State of Odisha …. Petitioner Represented By Adv. -Mr. S.S. Ray (2). -versus- ….
Legal Reasoning
Opposite Party Represented By Adv. -Mr.Pradipta Satapathy, ASC. BLAPL NO.5605 OF 2024 …. Petitioner Represented By Adv. -Mr. S.S. Ray (2). -versus- …. Opposite Party Represented By Adv. -Mr.Pradipta Satapathy, ASC. BLAPL NO.5606 OF 2024 Kuna Kalia Nayak @ Sanyasi Behera @ Nahak …. Petitioner Represented By Adv. -Mr. S.S. Ray (2). -versus- State of Odisha …. Opposite Party Represented By Adv. -Mr.Pradipta Satapathy, ASC. BLAPL NO.6393 OF 2024 Alekh @ Alok Gouda …. Petitioner State of Odisha Represented By Adv. -Mr. Pitambar Patra. -versus- …. Opposite Party Represented By Adv. -Mr.Pradipta Satapathy, ASC.
Decision
CORAM: HON’BLE MR. JUSTICE A.C. BEHERA ORDER 13.11.2024 Page 1 of 5 Order No. 04. 1. This matter is taken up through hybrid arrangement (Virtual/ Physical) mode. 2. Since all these four bail applications have arisen out of the same incident relating to Hinjilicut P.S. Case No.665 of 2023, in connection with S.T. Case No.68 of 2024 arising out of G.R. Case No.587 of 2023, then all these four bail applications are taken up together analogously for their final disposal through this common order. 3. I have already heard from the learned Counsel for the Petitioner and the learned Additional Standing Counsel for the State. 4. The Petitioners have been charge-sheeted on dated 12.01.2024 for commission of offences under Section-323/307/294 read with 34 of the IPC stating that, the injured (Sagar Swain) belong to Mohan Colony of Hinjilicut, but the Petitioners belong to Nuagada and Hadisahi of Hinjilicut. The Petitioners and the injured, Sagar Swain were friends. The injured (Sagar Swain) was a notorious person and anti-social, he always creates disturbance in the village and quarrels with villagers without any reason under the influence of alcohol. Due to quarrel and disturbances between the Petitioners and the injured Sagar Swain, the Petitioners were searching for an opportunity to take revenge upon the injured (Sagar Swain). So, on dated 13.09.2024, evening at about 6.30 pm, when the injured (Sagar Swain) was standing at Regidi Sahi Mini Park near Hanuman temple, at that time, the Petitioners along with their associate, Swarajya Gouda arrived there and abused him (Sagar Swain). When the injured (Sagar Swain) protested, then the Petitioners assaulted him (Sagar Swain) by means of bamboo and Page 2 of 5 iron rods with their intention to kill him and by the result of such assault of the Petitioners, the injured (Sagar Swain) sustained injuries on his head, ear and right eye and became unconscious. Seeing the same, the local people came to the spot and shifted the injured to the nearest Hinjilicut Hospital, from where he was referred to MKCG Medical College and Hospital, Berhampur. Thereafter, he (injured) was brought to SUM Hospital, Bhubaneswar. 5. During investigation, the Petitioners were arrested on 16.09.2023, 18.09.2023 and 14.12.2023 respectively and they were forwarded to the Court, after being booked with the aforesaid offences and since then they (Petitioners) are in custody for about more than 13 months. 6. The learned Counsels for the Petitioners submitted for liberal consideration of their bail, contending that, the investigation of the case has already been completed and the Petitioners are in custody for more than 13 months and the trial of the case has already been started in the Court of learned Additional Sessions Judge, Chatrapur vide S.T. Case No.68 of 2024, to which, the learned Additional Standing Counsel as well as the learned Counsel for the Informant/injured vehemently objected, contending that, till yet, the injured is struggling with his life, because he has been paralyzed, and is not able to move, for which his statements has not been recorded as yet by the Investigating Officer. So, by taking aforesaid serious nature of injuries on the person of the injured into account, they (Petitioners) should not be allowed to go on bail. 7. When during the staying of the Petitioners inside the jail, the investigation of the case has already been completed and the trial of the case against them (Petitioners) has already been started Page 3 of 5 and when the presence of the Petitioners during trial is not unsecured, then by taking the above factors i.e. considerable period of detention of the Petitioners inside the bar, commencement of trial of the case against them and the main object of bail into account, it is felt proper to allow them (Petitioners) to go on bail with stringent conditions looking to the interest of the prosecution. Therefore, all the four bail applications filed by the Petitioners are allowed. They (Petitioners) are allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions that:- they (Petitioners) shall not involve with similar (i) nature of crime in future. they (Petitioners) shall appear before the Trial Court (ii) in S.T. Case No.68 of 2024 personally on each date of adjournment of the case till the conclusion of its trial. they (Petitioners) shall not terrorize, coerce, influence (iii) or threat any witnesses of the prosecution, injured Informant as well as their family members either directly or indirectly in any manner whatsoever till conclusion of the trial. (iv) they (Petitioners) shall appear before Hinjilicut P.S. on last Sunday of each month. the IIC, the respective bail orders for But, in case of their failure to comply any of the aforesaid conditions, the learned trial Court is authorized to the Petitioners cancel outrightly without seeking any permission for the same from this Court. Accordingly, all the bail applications of the Petitioners are 8. disposed of finally. Page 4 of 5 Send the copy of this bail order to IIC, Hinjilicut Police Station for information and necessary compliance as per the directions given in this bail order. 9. Grant certified copy of this order to the Petitioners on proper application. Narayan (A.C. Behera), Judge. Signature Not Verified Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 14-Nov-2024 10:49:15 Page 5 of 5