The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7088 of 2024 Ashok Prasad @ Srivastav ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. - Mr. Sougat Dash & Mr. K. Mohanty, Advocates Opposite Parties Represented By Adv. - Bharat Bhusan Routray (Informant)
Legal Reasoning
Mr. P. Satapathy, ASC CORAM: THE HON’BLE MR. JUSTICE ANANDA CHANDRA BEHERA Order No.
Decision
ORDER 20.11.2024 03. 1. This matter is taken up through hybrid mode. 2. This bail application under Section 439 of the Cr.P.C. arising out of G.R. Case No.272 of 2024 in connection with Jhirpani P.S Case No.33 of 2024 pending in the Court of learned JMFC (R), Rourkela is taken up for consideration. 3. I have already heard from the learned Counsel for the petitioner, learned counsel for the informant and the learned Addl. Standing Counsel for the State. 4. The petitioner has been charge-sheeted under Section 302 read with Section 114 of the IPC, 1860 on the allegation of abetment of commission of murder of the deceased Niranjan Acharya at Rourkela Hiltop Fish Market. Page 1 of 5. It is the report of the prosecution that, the petitioner, his co- accused i.e. Kewal Singh and the deceased Niranjan Acharya were friends. On the alleged date of incident, the deceased told to the public falsely that, the petitioner has expired in a motor vehicular accident, which came to the knowledge of the petitioner and his co-accused i.e. Kewal Singh, for which, the petitioner and his co-accused were annoyed upon the deceased Niranjan Acharya. Thereafter, the co-accused of the petitioner i.e. Kewal Singh called the deceased to Hiltop Fish Market and when the deceased came to the Hiltop Fish Market, then, the petitioner asked him (deceased) why he is propagating falsely his death news, then, there was a quarrel between the petitioner, his co-accused i.e. Kewal Singh and the deceased. During such quarrel, the co-accused of the petitioner i.e. Kewal Singh has given blows repeatedly through a knife on the deceased Niranjan Acharya and during the time of stabbing to the deceased by Kewal Singh, the petitioner was standing there and was instigating his co-accused Kewal Singh to assault the deceased and by the result of the repeated knife blows of the co-accused of the petitioner, the deceased Niranjan Acharya fell down on the ground there at the spot sustaining multiple injuries on his person and thereafter, he was shifted to the hospital and wherein the Doctor declared him as dead. 5. After the death of the deceased, FIR was lodged by the elder brother of the deceased Niranjan Acharya and basing upon such FIR, case was registered and investigation was started. Page 2 of 5. During investigation, the petitioner and his co-accused Kewal Singh were remanded to jail custody on 18.02.2024 and since then, they are in custody. In the meantime, the investigation of the case has already been completed and the chargesheet has already been submitted against the petitioner and his co-accused Kewal Singh under Section 302 read with Section 114 of the IPC, 1860. 6. During the course of hearing, the learned counsel for the petitioner submitted for liberal consideration of bail contending that, as the petitioner has not participated in assaulting the deceased and he was standing at the spot, for which, he is to be allowed to go on bail by taking into account his considerable period of detention, to which, the learned ASC for the State and the learned counsel for the informant objected contending that, the alleged incident is the outcome of the instigation made by the petitioner, for which, he (petitioner) is the principal culprit of the alleged incident, because, Kewal Singh has assaulted the deceased at the instigation of the petitioner, therefore, he (petitioner) should not be allowed to go on bail. 7. It is forthcoming from the chargesheet as well as from the statements of the witnesses that, the petitioner has not assaulted the deceased, but, the allegation against him is that, only he was standing at the spot and he was instigating his co-accused Kewal Singh. When the materials available in the record are showing that, blows have been given repeatedly by the co-accused of the petitioner i.e. Kewal Singh, but the petitioner has not assaulted deceased and when the petitioner is in custody since 18.02.2024 and Page 3 of 5. when in the meantime the investigation of the case has already been completed due to submission of the chargesheet, then, at this juncture, by taking into account to the above factors, it is felt proper to allow the petitioner to go on bail with stringent conditions looking to the future safety and security of the witnesses as well as the interest of the prosecution. 8. 9. Hence, the bail application filed by the petitioner is allowed. He (petitioner) is 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 court in seisin over the matter with conditions that:- (i) he (petitioner) shall not involve with similar nature of crime in future; (ii) he (petitioner) shall appear before the Trial Court personally on each date of adjournment of the case without fail; (iii) he shall not terrorize, coerce, influence or threat to the witnesses of the prosecution & informant and his family members either directly or indirectly in any manner whatsoever during trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court. 10. Accordingly, the bail application of the petitioner is disposed of finally. Page 4 of 5. 11. Grant certified copy of this order to the petitioner on proper application. Rati Ranjan ( ANANDA CHANDRA BEHERA) Judge Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India Date: 21-Nov-2024 19:08:37 Page 5 of 5.