1. Narayan Bisoyi @ Babula 2. Bikash Nahak @ Nayak 3. Pintu Nahak State v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10986 of 2023 1. Narayan Bisoyi @ Babula 2. Bikash Nahak @ Nayak 3. Pintu Nahak State of Odisha ….. Vs. ….. Petitioners Mr. S.K. Dash, Adv. Opp. Party Mr. B.K. Ragada, A.G.A. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 20.12.2023 (Through hybrid mode) Order No. 04. 1. Heard Mr. S.K. Das, learned counsel for the petitioners and Mr. B.K. Ragada, learned Addl. Government Advocate for the State. 2. This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Purushottampur P.S. Case No. 516 of 2023 corresponding to G.R. Case No. 496 of 2023 pending in the Court of the learned J.M.F.C., Purushottampur registered under Sections 457, 380, 511of IPC. 3. The order granting bail to the petitioners vide order dated 10.10.2023 was recalled on 22.11.2023 as it was found that they had been remanded in the case on 02.09.2023 and not on 22.07.2023 and had two criminal antecedents and not one. The petitioners had been Page 1 of 5 directed to surrender in the learned Court below by 02.12.2023. 4. The prosecution allegation in brief is that on 10.07.2023, the manager of Canada Bank, Bhutasarsingh Branch reported before Purushottampur Police Station that in the intervening night of 29- 30.06.2023, that some unknown culprits had broken the two godrej locks of their branch and tried to break the lock of the shutter, but had failed to do so. During investigation, the petitioners had been arrested in Kabisuryanagar P.S. Case No. 454 of 2023 registered under Sections 399, 402 of IPC read with Sections 25(1-B)(a)/25(6) of the Arms Act and Section 4 and 5 of E.S. Act and during integration they confessed that they are involved in the present case. On the basis of the confession they have been remanded in the present case and in Kabisuryanagar P.S. Case No. 435 of 2023. 5. Mr. S.K. Das, learned counsel for the petitioners submits that pursuant to order dated 22.11.2023, the petitioner no.1 Narayan Bisoyi @ Babula and petitioner no.2 Bikash Nahak @ Bayak have surrendered on 02.12.2023 in the learned Court below and the certified copy of the order dated 02.12.2023 has been annexed along with a memo. Mr. S.K. Dash further submits that the petitioners were arrested in Kabisuryanagar P.S. Case No. 435 of 2023 and had been granted bail by order dated 22.08.2023 but on the basis of the Page 2 of 5 statement of the co-accused arrested in Kabisuryanagar P.S. Case No. 454 of 2023 registered under Sections 399, 402 of IPC read with Sections 25(1-B)(a)/25(6) of the Arms Act and Sections 4 and 5 of E.S. Act, they were remanded in this case. He further submits that the petitioners have been granted bail by this Court in Kabisuryanagar P.S. Case No. 454 of 2023 in BLAPL No. 9737 of 2023 by order dated 12.09.2023. In the present case they have been remanded on 02.09.2023 and have two criminal antecedents which had been stated in the bail application, but could not been brought to the notice of this Court during hearing of the bail application on 10.10.2023. As a result while allowing the prayer for bail, by order dated 10.10.2023, it has been observed that they are in custody since 22.07.2023 and have one criminal antecedent. 6. Mr. B.K. Ragada, learned Addl. Government Advocate for the State opposes the prayer for bail stating that as the petitioners have two criminal antecedents each. 7. Considering the age of the petitioner no.1 and 2 (21 years) who have been remanded in this case on the basis of the statement of the co-accused and as they have already been released on bail in the other two cases which are pending against them and surrendered in Court in compliance of order dated 22.11.2023, I am inclined to Page 3 of 5 allow their prayer for bail 8. Let the petitioners- Narayan Bisoyi @ Babula and Bikash Nahak @ Nayak be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions: (i) They will not indulge in any criminal activity while on bail. (ii) They will not threaten or try to influence prosecution witnesses while on bail. (iii) They will report before the I.I.C., Purushottampur Police Station once a month preferably on a Sunday between 3.00 p.m. to 5.00 p.m., till conclusion of trial. (iv) They will appear in the trial Court on each date it if fixed for trial unless their appearance is dispensed with by the learned trial Court under Section 317 Cr.P.C. on any particular day. 9. Violation of any condition will entail in cancellation of bail. 10. The BLAPL is accordingly disposed of. 11. Urgent certified copy of this order be granted on proper application in course of the day. 12. A copy of this order be supplied to Mr. B.K. Ragada, learned Page 4 of 5 Addl. Govt. Advocate for onward transmission to the I.I.C., Purushottampur Police Station. 13. As regards petitioner no. 3 Pintu Nahak, the order dated 10.10.2023 granting him bail has been recalled on 22.11.2023. As he has not complied with the order dated 22.11.2023 and has not surrendered before the learned Court below, his prayer for bail cannot be considered. Apart from not complying with the order dated 22.11.2023 of this Court, he has also violated the conditions imposed by order dated 10.10.2023 while granting him bail as he has not appeared before the Purushottampur Police Station. His prayer for bail is therefore rejected. 14. The I.I.C., Purushottampur Police Station is directed to take prompt steps for execution of the NBW which has been issued against petitioner no.3 Pintu Nahak by the learned J.M.F.C., Purushottampur on 02.12.2023, if not already executed. 15. A copy of this order be supplied to Mr. B.K. Ragada, learned Addl. Govt. Advocate for the State for onward transmission to the I.I.C., Purushottampur Police Station. (Savitri Ratho) Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Dec-2023 14:54:36 Page 5 of 5