The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10964 of 2023 Ankateswar Naik State of Orissa BLAPL No. 11062 of 2023 1.Dhanphul Majhi 2. Anil Kumar Naik 3. Sitaram Majhi State of Orissa BLAPL No. 11063 of 2023 1. Jitendra Naik 2. Birsingh Majhi 3. Dhansingh Majhi 4. Guna Singh Majhi 5. Baru Majhi @ Bara Majhi 6. Dana Majhi 7. Gopal Majhi State of Orissa BLAPL No. 11065 of 2023 1. Baman @ Bamunu Majhi 2. Nidhan Naik State of Orissa BLAPL No. 11066 of 2023 ….. Vs. …..
Legal Reasoning
Petitioner Mr. S.K. Bhanjadeo, Advocate Opposite Party Mr. S.S. Pradhan, AGA ….. Vs. ….. ….. Vs. ….. ….. Vs. ….. Petitioners Mr. S.K. Bhanjadeo, Advocate Opposite Party Mr. S.S. Pradhan, AGA Petitioners Mr. S.K. Bhanjadeo, Advocate Opposite Party Mr. S.S. Pradhan, AGA Petitioners Mr. S.K. Bhanjadeo, Advocate Opposite Party Mr. S.S. Pradhan, AGA 1. Pabitra @ Pradip Kumar ….. Petitioners Naik 2. Kallar Singh Majhi 3. Kalindi Charan Naik @ Kalindri Naik State of Orissa Vs. ….. Mr. S.K. Bhanjadeo, Advocate Opposite Party Mr. S.S. Pradhan, AGA Page 1 of 5 BLAPL No. 11122 of 2023 1. Jitendra Naik 2. Bibhisan Majhi State of Orissa BLAPL No. 11123 of 2023 1. Umakanta Naik 2. Niranjan Naik 3. Jitendra Naik State of Odisha BLAPL No. 11124 of 2023 Dibakar Sahu State of Orissa ….. Vs. ….. ….. Vs. ….. ….. Vs. ….. Petitioners Mr. Prasanta Kumar Jena, Advocate Opposite Party Mr. S.S. Pradhan, AGA Petitioners Mr. Prasanta Kumar Jena, Advocate Opposite Party Mr. S.S. Pradhan, AGA Petitioner Mr. Prasanta Kumar Jena, Advocate Opposite Party Mr. S.S. Pradhan, AGA CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 10.11.2023 (Through hybrid mode) Order No. 03. 1. These applications under Section 439 Cr.P.C. has been filed in connection with Kashipur P.S. Case No. 101 of 2023 corresponding to G.R. Case No. 391 of 2023 in the court of the learned J.M.F.C., Kashipur registered under Sections 147, 148, 149, 294, 307, 323, 324, 332, 341, 353, 364, 427, 506 of IPC. 2. The prayer for bail of the petitioner has been rejected vide order dated 14.09.2023 passed by the learned Sessions Judge, Page 2 of 5 Rayagada in BLAPL No. 105 of 2023. 3. The prosecution allegation in brief is that on 12.08.2023 at about 7.30 P.M., the informant-Pitabash Nayak and his staff had gone to Sijimali Hilltop Centre for the site visit purpose in three vehicles on behalf of Mythri, Infrastrure and Mining Area, Private Ltd., along with some police staffs of Kashipur Police Station. At about 10.00 A.M. around 200 persons of village, Bantegi, Kantamal, Alliguna, Bandel, Talambapadar, Amarsinghguda, Huri Gaon, Siadimal, along with nearby villagers armed with lathi and weapons did not allow the informant of his staff-police parties to proceed. They abused the informant and his staffs as well as to police personnel in obscene language and also assaulted and pelted stones and damaged the Bolero vehicle and threatened them. As a result, one Srinivas Rao sustained cut injury on his hand. It is alleged that the accused persons had also taken the victims to different places covering distance of about 25 kilometers and kept them in hostage from 11.00 a.m. to 4.30 p.m. and demanded ransom for their release. Under compulsion the informant signed in some documents as per instruction of the petitioners. 4. Perusal of the rejection order dated 14.09.2023 reveals that the medical report of the victim Srinivas Rao reveals that he sustained injury of the size of 13 cm x 4 cm x 3.5 cm in his left palm which might have been caused by sharp weapon. It also Page 3 of 5 reveals that the petitioners are also involved in Kashipur P.S. Case No. 90/2023, 92/2023, 93/2023, 94/2023, 96/2023 and 97/2023. In addition to this, the petitioners, Pabitra Naik, Umakanta Naik, Dhanphul Majhi and Sitaram Majhi are also involved in Kashipur P.S. Case No. 84 of 2023. 5. Learned counsel for the petitioners submits that the petitioners are in custody since August, 2023 and the offence under Section 307 of IPC is not made out against them as the injury sustained by Srinivas Rao is a simple cut injury on his left palm. They further submit that the petitioners have been released on bail in the other cases in which they are accused. 6. Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the petitioners have a number of criminal antecedents and are likely to commit further offence if they are released on bail. 7. Considering the period of detention of the petitioners, the nature of injury sustained by Srinivas Rao has been opined to be simple in nature and as the petitioners have been granted bail in the other cases in which they are stated to be accused, I am inclined to allow the prayer for bail of the petitioners. 8. Let the petitioners- Ankateswar Naik in BLAPL No. 10964 of 2023; Dhanphul Majhi, Anil Kumar Naik and Sitaram Majhi in BLAPL No. 11062 of 2023; Jitendra Naik, Birsingh Majhi, Page 4 of 5 Dhansingh Majhi, Guna Singh Majhi, Baru Majhi @ Bara Majhi, Dana Majhi and Gopal Majhi in BLAPL No. 11063 of 2023; Baman @ Bamunu Majhi and Nidhan Naik in BLAPL No. 11065 of 2023; Pabitra @ Pradip Kumar Naik, Kallar Singh Majhi and Kalindi Charan Naik @ Kalindri Naik in BLAPL No. 11066 of 2023; Jitendra Naik and Bibhisan Majhi in BLAPL No. 11122 of 2023; Umakanta Naik, Niranjan Naik and Jitendra Naik in BLAPL No. 11123 of 2023; and Dibakar Sahu in BLAPL No. 11124 of 2023 be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matters, including the following conditions: (i) (ii) They will co-operate with the investigation. They will remain present in Court on each date it is fixed for trial. (iii) They will not indulge in any criminal activity. 9. The BLAPL is accordingly allowed. Urgent certified copy of this order be granted as per rules. ………………………... (SAVITRI RATHO) JUDGE puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 17-Nov-2023 21:19:34 Page 5 of 5