The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9779 of 2024 Premchand Bhoi @ Kanha & others …. Petitioners Mr.B.K.Ragada, Advocate -versus- State of Odisha …. Opp. Party Mr. Udit Ranjan Jena, AGA CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 07.12.2024 1. The petitioners are accused in connection with Burla P.S. Case No.417 of 2023 corresponding to G.R. Case No.637 of 2023 now registered as S.T. Case No.91/14 of 2024 for alleged commission of the offence punishable under Section 302/34 of the IPC, pending in the Court of the learned 1st Additional Sessions Judge, Sambalpur. The petitioners had approached the learned 1st Additional Sessions Page 1 of 5 Order No. 04. Judge, Sambalpur in S.T. No.91/14 of 2024 praying for grant of bail. The learned Court below vide its order dated 17.09.2024 rejected the bail application of the petitioners. Being aggrieved, the petitioners have filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioners, on instruction from the petitioners, submits that, except the present bail application, no other bail application of the petitioners is pending in any other Court relating to the aforesaid F.I.R. 3. The prosecution case is that, on 16.09.2023, the complainant lodged a report at the Burla P.S. alleging that on 15.09.2023 night, her husband told her that some people of village A. Katapali assaulted him and his friends and threatened to kill them. On 16.09.2023, her husband went to the hospital. At about 2 p.m., she came to know that some persons have committed murder of her husband and threw him on the village street of A. Katapali. Then some local people shifted her husband to the VIMSAR, Burla, where the doctor declared him dead. Hence, the F.I.R. 4. Earlier, the petitioners had approached this Court by filing BLAPL No.410 of 2024. This Court, vide order dated 02.09.2024, although rejected the Page 2 of 5 application, however, granted liberty to the petitioners to approach the trial Court for grant of bail after two witnesses namely Binod Kumbhar @ Tian and Surendra Behera being vital witnesses to the prosecution are examined. The said two witnesses have been examined by the prosecution being P.W.8 & P.W.9. P.W.9 has not supported the prosecution case. Hence, he has been declared hostile whereas, P.W.8 Binod Kumbhar @ Tian has deposed against the accused persons. In his examination-in-chief in paragraph-2, P.W.8 Binod Kumbhar @ Tian has stated as under: “2. The case incident took place in between 10 A.M. to 10.30 A.M. in the morning on 16th September, 2023 at Uperpada, Kantapali. On 15.09.2023 in Labanya Hotel near Kantapali during day time accused Raja @ Subrat Behera abused the deceased victim Khirod Tandia by addressing him as "HARAMI” before the persons present inside the said hotel. On 16.09.2023 at about 8.30 A.M. in the morning the deceased victim Khirod Tandia told me and Jogesh Barik and another boy of Dhanupali (whose name I do not remember) about the incident of the previous day. Then myself, the deceased victim Khirod Tandia, Jogesh Barik @ Bablu and the boy of Dhanupali went to the Ganesh Puja Mandap at Uparpada, Kantapali. After our arrival at the spot the deceased victim Khirod Tandia called the accused Raja @ Subrat Behera and asked him as to why he was addressing him as “HARAMI”. At that time Niraj, Rohit, Sibu, Kanha, Suraj, Gyana and Jadu were sitting on the Ganesh Puja Mandap with Raja @ Subrat Behera. Then all of them attacked the deceased victim Khirod Tandia and assaulted him. Upon seeing this I along with Jogesh Barik and the boy of Dhanupali ran away from the spot in fear and stopped at a distance of about 20 to 30 feet from the spot. While standing there we saw the accused Raja @ Subrat Behera was armed with a knife, accused Niraj, Rohit and Sibu were armed with Page 3 of 5 these accused persons assaulting bamboo Lathis, accused Kanha and Suraj were armed with Plastic pipes and accused Jadu and Gyana were armed with brick bats. At that time we saw all the deceased victim Khirod Tandia with the weapons held by them. Then all the accused persons damaged the two motor cycles by which we had been to the spot and burnt them. One of the motor cycle was a Bajaj Pulsar of Jogesh Barik and the other motor cycle was a Hero Glamour of the deceased victim Khirod. Then we ran away there from in fear.” The said eye witnesses have very specifically named the accused Nos.1, 2, 3, 4, 5, 7 & 8 whereas, no allegation has been made as against the petitioner No.6- Tuna @ Lalit Badhai. The said accused has been in custody since 12.01.2024. 5. Regard being had to the evidence of the eye- witness, P.W.8, who has stated nothing against the accused No.6- Tuna @ Lalit Badhai, I am inclined to enlarge accused-Petitioner No.6- Tuna @ Lalit Badhai on bail, while rejecting the bail application of the other co-accused persons. 6. However, other co-accused persons are granted liberty to renew their bail application before the trial Court, after the other eye witnesses and the vital witnesses are examined. 7. Hence, the accused-Petitioner No.6- Tuna @ Lalit Badhai 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 Page 4 of 5 would deem just and proper, subject to the following additional conditions: (1) The petitioner No.6-Tuna @ Lalit Badhai shall appear before the Trial court without fail, on every date of hearing; (2) He shall not influence any of the witnesses related to this case in any manner whatsoever; and (3) He shall not commit any offence while on bail. In the event the petitioner No.6-Tuna @ Lalit Badhai is found to be wanted 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. 8. The BLAPL is accordingly disposed of. Judge Subhasis (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 10-Dec-2024 15:58:10 Page 5 of 5