The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.10838 OF 2024 Sagar Pradhan State of Odisha …. Petitioner Represented By Adv. -Mr. Saroj Ranjan Subudhi -versus- …. Opposite Parties, Represented By Adv. -Mr. Pradipta Satapathy, ASC., Mr. Animesh Mohanty, Adv. (Informant) CORAM: HON’BLE MR. JUSTICE A.C. BEHERA ORDER 05.12.2024 Order No. 03. 1. This matter is taken up through hybrid arrangement (Virtual/ Physical) mode. 2. This bail application Under Section 483 of the BNS, 2023 has arisen out of G.R. Case No. 1851 of 2024 in connection of Khallikote P.S. Case No. 805 of 2024. 3. The Petitioner is in jail custody since 05.10.2024 having been implicated under Section-109/115(2)/296 read with Section-3(5) of the B.N.S., 2023 on the allegation of attempting to commit murder. 4. As per the case of the prosecution, on 04.10.2024, at about 7.10 pm, while the Informant-Alekha Pradhan i.e. brother- in-law of the injured-Bipra Pradhan was standing near the shop of one Bhagirathi Swain, the Petitioner went there and dealt a Thenga blow on him, but, at that time, the local people intervened and took the informant to the house of injured-Bipra Pradhan, but, the Petitioner along with his two associates i.e. Balia @ Balaram Swain and Mitu Sahu, went to the house of injured-Bipra Pradhan and dragged the Informant (Alekha Page 1 of 4 Pradhan) to outside and assaulted him. At that time, the villagers also intervened and pacified the matter, then, the Informant Alekha Pradhan came to the Bhagiput Outpost and informed the said matter before the Police. 5. During that time, the Petitioner and his two co-accuseds i.e., Balia @ Balaram Swain and Mitu Sahu went to the house of Bipra Pradhan and assaulted him there by means of sword, causing injuries on his head. Thereafter, the injured-Bipra Pradhan was taken to the CHC, Khallkote for his treatment and then the F.I.R. was lodged and on the basis of such F.I.R., case was registered and investigation was started. 6. During investigation, the Petitioner was arrested on 05.10.2024 and was forwarded to the Court after being booked with the aforesaid offences and since then, he (Petitioner) is in jail custody. 7. Learned Counsel for the Petitioner submitted for liberal consideration of his bail contending that, two co-accuseds of the Petitioner i.e. Balia @ Balaram Swain and Mitu Sahu have already been allowed to go on bail, as per the direction by the Hon’ble Courts vide order dated 23.10.2024 passed in ABLAPL No.11571 of 2024 and the injuries on the person of the injured- Bipra Pradhan are simple in nature, as it evident from the rejection order passed by the learned Additional Sessions Judge, Khallikote, and substantial parts of the investigation of the case has already been completed, to which, the learned Additional Standing Counsel and the learned Counsel for the Informant vehemently objected submitting an affidavit sown by the Informant that, the Petitioner is giving threat to the Informant Page 2 of 4 and injured-Bipra Pradhan regularly from the jail through his supporters and is terrorising them, for which, he(petitioner) should not be allowed to go on bail, because in case of his release on bail, there is every possibility of threat to the lives of the Informant and injured Bipra Pradhan. 8. When the Petitioner is in jail custody since 05.10.2024 and when during the staying of the Petitioner inside the jail custody, the substantial parts of the investigation of the case has already been completed and when the injuries on the person of the injured-Bipra Pradhan are simple in nature and when the said simple injuries are laceration, swelling and bruise and when the main object of the bail is to secure the attendance of the accused during trial and when the presence of the Petitioner during trial of the case is not unsecured and when there is no incised injury on the person of the injured, then at this juncture, by taking to the above factors into account, instead of rejecting the bail application of the Petitioner, it is felt proper to allow him (Petitioner) to go on bail with stringent conditions, looking to the future safety and security of the Informant, injured-Bipra Pradhan and their family members as well as the interest of the prosecution. Therefore, the bail application filed by the Petitioner is allowed. He (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that:- (i) he (Petitioner) shall not involve with similar nature of crime in future. Page 3 of 4 (ii) he (Petitioner) shall appear before the IIC, Khallikote Police Station on each Sunday hence, till the end of March 2025, intimating the IIC that, he is not involved in any other case. (iii) he (Petitioner) shall remain present personally on each date of adjournment of the case before the
Legal Reasoning
trial Court till its conclusion. the victim/informant, threat any witnesses of (iv) he (Petitioner) shall not terrorize, coerce, influence the prosecution or including injured Bipra Pradhan and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned Court in seisin over the matter is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court. 9. Accordingly, the bail application of the Petitioner is disposed of finally with a copy to the IIC, Khallikote P.S. for his information and report to the Court, in case of violation of any of the above conditions by the Petitioner for necessary order by the Court in seisin over the matter on the basis of such report 10. Grant certified copy of this order to the petitioner on proper application. Narayan Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Personal Assistant Reason: Authentication Location: OHC Date: 06-Dec-2024 11:30:40 (A.C. Behera), Judge. Page 4 of 4