The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10501 of 2024 Kartika Naik … Petitioner Mr. P.K. Jena, Advocate -versus- State of Odisha … Opposite Party Mr. A.K. Apat, Addl. PP Mr. D. Sarangi, Advocate(Informant) Order No. 06. CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 12.03.2025 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Kasipur PS
Facts
Case No.12 of 2024 arising out of GR Case No.45 of 2024 pending in the Court of learned JMFC, Kashipur for commission of offences punishable U/Ss. 147/148/341/323/324/307/294/427/395/506/149 of IPC, on the main allegation of brutally assaulting three persons causing injuries to them to take away their life and in the process, committing dacoity. 3.
Legal Reasoning
similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
Arguments
Heard, Mr. Prasanta Kumar Jena, learned counsel for the petitioner, Mr. A.K. Apat, learned Additional Public Prosecutor and Mr. Debasis Sarangi, learned counsel for the Informant in the matter and perused the record. 4. It is, however, submitted on behalf of the Petitioner that the Petitioner being the leader of Maa Mati Page 1 of 5 Mali Surakshya Mancha was opposing the mining operation of Mythri Infrastructure who has been engaged by Vedanta company and, therefore, in order to sabotage the protest, the Petitioner has been arrested and many case have been foisted against him, out of which in some cases, the Petitioner has been granted anticipatory bail as well as regular bail. 4.1. It is, however, opposed by the State that since the Petitioner is indulging in any criminal activity preventing the law enforcing agency from discharging its duty and attacking the office bearer of such private company and committing serious offences, the Petitioner should not be released on bail. 4.2. Echoing the submission of the State, Mr. Sarangi, however, submits that not only the Petitioner is a hooligan, but also he is regularly creating disturbance in the operation of the company as well as the Petitioner is seriously involved in the case of assaulting the employees of the company by assaulting them on the road side Dhaba and injuring the head of one of the injured. Further, Mr. Sarangi also opposes the bail application of the Petitioner by contending interalia that on the day of arrest of the Petitioner, his gang man has taken the police on ransom and obtained an undertaking from them to release the Petitioner on bail and this is how the law enforcing agency has been attacked by the associates of the Petitioner and thereby, release of the Petitioner on bail would encourage violence in their area. Page 2 of 5 5. After having considered the rival submissions upon perusal of record, it appears that the Petitioner has been detained in custody since 19.09.2024, but the Petitioner and others have been alleged to have assaulted three persons, out of whom two have sustained simple injuries and one has sustained grievous injury of fracture. The allegation and counter allegation as revealed from the record disclose a case of protest against a company with regard to mining operation in the locality, but the Petitioner has been alleged to be the leader of an organization in protesting the act of the company. 6. In view of the aforesaid facts and after having considered the rival submissions and taking into consideration the nature and gravity of the injuries as sustained by the injured and keeping in view the pre-trial detention of the petitioner in custody since 19.09.2024 with submission of charge sheet in the meanwhile, this Court without expressing any view on merits, admits the petitioner to bail, but subject to certain conditions. 7. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvents sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, Page 3 of 5 (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay to the concerned Court, (iv) the petitioner shall not enter into the area of the company in which the injured are employed. He shall neither participate in any protest nor lead any group in any protest creating violent atmosphere in the locality. (v) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the Page 4 of 5 subsequent involvement of the petitioner in future for
Decision
Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per 8. 9. Rules. (G. Satapathy) Priyajit Judge Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Mar-2025 13:38:52 Page 5 of 5