The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5848 of 2023 Rajat Kumar Baliarsingh @ Rajat Baliarsingh and Others …. Petitioners Mr. Rabi Narayan Mohanty, Advocate State of Odisha -versus- ….
Legal Reasoning
Opposite Party Mr. M.K. Mohanty, A.S.C. CORAM: JUSTICE CHITTARANJAN DASH Order No.
Decision
ORDER 07.07.2023 01. 1. Heard the learned counsel for the Petitioners and the State. 2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 341/379/323/354/354-B/294/506/ 34, I.P.C. in connection with Jodapadar P.S. Case No.95 of 2023 corresponding to G.R. Case No.176 of 2023 pending in the court of the learned J.M.F.C., Kanasa. 3. Keeping in view the nature and gravity of the offences alleged against the Petitioners and the facts and circumstances of the case, this court is not inclined to grant anticipatory bail in favour of Petitioner No.9 – Sunil Kumar Baliarsingh. Accordingly, his prayer for bail stands rejected. 4. So far as Petitioner Nos.1, 2 & 3 – namely Rajat Kumar Baliarsingh @ Rajat Baliarsingh, Bikarm Keshari Baliarsingh and Padmalochan Ransingh are concerned, having regard to the nature of the allegation, gravity of the offences and the facts and Page 1 of 4 circumstances of the case, while this court is not inclined to grant anticipatory bail, it is directed that Petitioner Nos.1, 2 & 3 if so choose may surrender before the learned J.M.F.C., Kanasa in G.R. Case No.176 of 2023 during the first hour within three weeks from today and move for bail, the learned Magistrate shall consider the bail application of the Petitioner Nos.1, 2 & 3 in the first hour of the day itself, strictly on the basis of the materials available on record. In case of rejection of the bail application by the learned Magistrate, the Petitioner Nos.1, 2 & 3 may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner Nos.1, 2 & 3 on the same day on merit, strictly on the basis of the materials available on record without being influenced by any observation made herein by this Court or presuming it to be a direction in affirmative. 5. However, this order is subject to verification of criminal antecedents of the Petitioner Nos.1, 2 & 3 as well as verification of the Injury Report. 6. The Case Diary be made available to the learned courts below as far as possible to facilitate disposal of the bail application of the Petitioner Nos.1, 2 & 3 on the same day itself. 7. However, the learned courts shall apply their own wisdom in dealing with the application allowing or rejecting the application for bail keeping in view the gravity of the offence and the severity of punishment. Page 2 of 4 8. So far as Petitioner Nos.4, 5, 6, 7, 8 & 10 – namely Sukanta Baliarsingh, Prasanna Jayasingh, Basanta Kumar Baliarsingh @ Basanta Baliarsingh, Rinku Jayasingh, Bipra Baliarsingh and Rajesh Kumar Baliarsingh @ Raja Baliarsingh respectively are concerned, keeping in view the nature and gravity of the offences alleged against these Petitioners and the facts and circumstances of the case, while this court is not inclined to grant anticipatory bail, it is directed that, in the event Petitioner Nos.4, 5, 6, 7, 8 & 10 surrender and move for bail before the learned J.M.F.C., Kanasa in G.R. Case No.176 of 2023 within a period of three weeks from today, they shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of criminal antecedents against them. 9. If it is found that there is any other criminal antecedent to the credit of the Petitioner Nos.4, 5, 6, 7, 8 & 10 besides the present issue, this order shall not be given effect to. However, if the learned Magistrate is satisfied that there is no other criminal antecedent standing to the credit of the Petitioner Nos.4, 5, 6, 7, 8 & 10 except the present issue and admits the Petitioners to bail, the following further conditions be imposed – (i) Petitioner Nos.4, 5, 6, 7, 8 & 10 shall appear before the I.O. as and when required and shall cooperate with the investigation. (ii) They shall also appear before the trial court on each date of posting of the case unless specifically exempted from such appearance or the court considers the prayer of the Petitioner U/s. 317 Cr.P.C. Page 3 of 4 (iii) They shall not threaten, terrorise or intimidate the informant party as well as the witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever. Violation of any of the conditions shall entail cancellation of bail of the Petitioner Nos.4, 5, 6, 7, 8 & 10. 10. Learned counsel for the Petitioner submits that the age of the Petitioner No.11 – namely Kanhei Jayasingh @ Pinaki Sahoo is 16 years and he is a juvenile. 11. Keeping in view such submission, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, this Court is not inclined to grant the anticipatory bail in favour of Petitioner No.11. However, Petitioner No.11 being a juvenile, it is directed that as soon as he is apprehended by the Police, he shall be placed under the charge of Juvenile Police unit or the designated police officer, who shall produce the juvenile before the Juvenile Justice Board without any loss of time but within a period of twenty-four hours of his apprehension, excluding the time necessary for the journey, from the place where the juvenile in conflict shall be produced, but under the circumstances be kept in a police lock-up or lodged in a jail. 12. The ABLAPL is disposed of accordingly. Judge (Chittaranjan Dash) Signature Not Verified S.K. Parida Digitally Signed Signed by: SAMIR KUMAR PARIDA Reason: Authentication Location: ORISSA HIGH COURT Date: 10-Jul-2023 12:17:41 Page 4 of 4