The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10487 of 2023 ….. Petitioners 1. Upasi Oram 2. Pahana Oram State of Odisha and another Vs. ….. Mr. P.K. Nayak, Advocate Opposite Parties Mr. B.K. Ragada, AGA CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 22.12.2023 Order No. 02. (Through hybrid mode) 1. Mr. Pabitra Kumar Nayak, learned counsel and his associates file Vakalatnama on behalf of the petitioners along with the original counsel Mr. S. Sharma, learned counsel for the petitioners. The same is taken on record. 2. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Jhirpani P.S. Case No. 101 of 2022 corresponding to G.R. Case No. 939 of 2022 pending in the Court of the learned J.M.F.C. (Rural), Rourkela where chargesheet dated 28.03.2023 had been submitted for commission of offences punishable under Sections 341, 506, 302, 34 of IPC read with Sections 27/25 (1)-G (a) of the Arms Act against Ajit Oram @ Chunku keeping the investigation open for arresting the present petitioners in this case. 3. The prayer for bail of the petitioner no.1-Upasi Oram has been rejected vide order dated 31.08.2023 passed by the learned 1st Page 1 of 5 Additional Sessions Judge, Rourkela in BLAPL No. 514 of 2023 and the prayer for bail of the petitioner no.2-Pahana Oram has been rejected vide order dated 11.09.2023 passed by the learned 2nd Additional Sessions Judge, Rourkela in BLAPL No. 535/213 of 2023 4. The prosecution allegation in brief against the petitioners is that on 13.11.2022 at about 6.30 A.M. while the informant Sangita Tanty was standing in front of her house and her brother-in-law Banchha Tanty had gone towards the river, she heard a loud sound. When she rushed to the place she saw that her brother-in-law had fallen on the ground having sustained bleeding injury. On being asked, he stated that Chhunku @ Ajit Oram, son of Budhua Oram had shot him and fled from the spot. She further stated that on 12.11.2022, the present petitioners and the main accused Chhunku @ Ajit Oram had come to the house of the deceased and threatened him and his mother-in-law of dire consequences. The injured had shifted to IGH for treatment where he expired. Investigation revealed that petitioner no.1-Upasi Oram was the Sarpanch of Jhirpani Gram Panchayat from 10.03.2007- 10.03.2012. Petitioner no.2-Pahana Oram her husband was serving a Senior Operator in Rourkela Steel Plant. During her tenure of petitioner no.1 as Sarpanch, she and her husband with the help of main accused Chhunku @ Ajit Oram had encroached on Government land Page 2 of 5 near Jhirpani Panchayat area and constructed a four room house and let it out on rent to some girls students and some college students and she had also constructed a poultry firm beside it. When the deceased and others had protested against this as this obstructed their passage to the river, the petitioners provided the funds for purchase of the pistol which had been brought from Jharkhand and they had asked the main accused to keep the pistol with him for use. On 12.11.2022, the main accused had threatened the mother of the deceased and her daughter when they were trying to remove the fence from one side of the Government land encroached by the petitioners. 5. Mr. Pabitra Kumar Nayak, learned counsel for the petitioners submits that the petitioners have no criminal antecedents and have voluntarily surrendered in the learned court below on 31.08.2023. They were not present in Rourkela on 11.11.2022 and 12.11.2022 as they had gone to Burla for their daughter’s admission in VSS, University of Technology. He also submits that there is no allegation that the petitioners have assaulted the deceased and the witnesses who have stated that the petitioners had threatened the deceased and his family members are interested witnesses as they have an axe to grind with the petitioners for which they have made false allegations against the petitioners. Page 3 of 5 6. Mr. B.K. Ragada, learned Additional Government Advocate opposes the prayer for bail stating that the petitioners are influential persons and could not be arrested during investigation for which the chargesheet was submitted on 28.03.2023 keeping the investigation open. Five months after filing of the charge sheet, the petitioners have surrendered. He further submits that the deceased was killed at the instance of the petitioners as he and his family members had been protecting against their encroachment on Government land. He further submits that the investigation is in progress and if the petitioners are released on bail, they are likely to tamper with the evidence. 7. Considering the nature of allegations against the petitioners, I am not inclined to release the petitioner no.2-Pahana Oram on bail. His prayer for bail is rejected. As petitioner no.1-Upasi Oram is a woman and is in custody since 31.08.2023 and there is no allegation that she has assaulted the deceased, I am inclined to allow her prayer for bail. 8. The petitioner no.1- Upasi Oram shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the mdatter, subject to verification of her criminal antecedents, including the following conditions: (i) She will not indulge in any criminal activity while on bail. Page 4 of 5 (ii) She will not threaten or try to influence prosecution witnesses while on bail. (iii) She will report before the IIC, Jhirpani Police Station, once a month preferably on the first Sunday or first Monday between 10.00 A.M. to 11.00 A.M., till conclusion of trial. 9. Violation of any condition will entail in cancellation of bail/ recall of this order. 10. The BLAPL is accordingly disposed of. 11. Urgent certified copy of this order be granted on proper application. 12. Copy of this order be supplied to Mr. B.K. Ragada, learned Additional Government Advocate for onward transmission to the IIC, Jhirpani Police Station. (Savitri Ratho) Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 25-Dec-2023 17:23:21 Page 5 of 5