The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11665 of 2024 Dillip Kumar Sahoo State of Odisha CORAM: -versus- …. Petitioner Mr.S.K.Dwibedi, Advocate ….
Legal Reasoning
Opposite Party Ms.Subhalaxmi Devi, ASC Order No. 02.
Decision
HON’BLE MS. JUSTICE SAVITRI RATHO ORDER 08.01.2025 (Through Hybrid mode) 1. This is the fourth bail application of the petitioner under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Rengali Dam Site P.S. Case No. 104 of 2021 corresponding to C.T.(S) Case No. 45 of 2021 in the Court of learned Addl. Sessions Judge, Talcher where the petitioner is facing trial alongwith others for commission of offences punishable under Sections 341, 323, 324, 307, 302, 34 of IPC. 2. The first bail application BLAPL No. 5205 of 2021 had been disposed of as withdrawn on 22.06.2022 with liberty to move the learned Court below after examination of witnesses-Ranjan Pradhan and Chakradhar Sandha. 3. The second bail application - BLAPL No.3027 of 2023 had been disposed of on 14..07.2023 granting liberty to the petitioner to approach the learned trial Court after examination of the witnesses-Biprabara Sahu and Manoj Kumar Sahu @ Manu and the doctor. 4. The third bail application – BLAPL No.1197 of 2024 had been Page 1 of 5 disposed of on 06.05.2024 rejecting his prayer for regular bail, but considering the fact that only twelve out of twenty one witnesses had been examined in the trial and the petitioner was in custody since 13.06.2021 but granted him interim bail for a period of four months. 5. After surrender, the prayer for bail of the petitioner has been rejected by the learned trial Court by order dated 08.10.2024 on the ground that the eye-witnesses had supported the prosecution case and corroborated the overt act of the petitioner and the release of the petitioner may cause hindrance in the trial and there was possibility of his tampering with the prosecution evidence. 6. The prosecution allegations in brief are that on 12.06.2021 at about 6.00 p.m. Bidesi Sahu @ Srinibas (the deceased) Biprabara Sahu and Manoj Kumar Sahu, who are the elder brother, younger brother and nephew of the informant respectively, were suddenly attacked by the co-accused -Prasanta Kumar Sahoo, Kainta Sahoo, Gouri Sahoo, Basanti Sahoo and the petitioner by means of crowbar, kitchen knife (paniki), axe and stick causing bleeding injuries on their persons. It is alleged that Prasanta Kumar Sahoo assaultead the deceased with a crowbar and the petitioner assaulted him with a lathi. The injured persons were shifted to the hospital for treatment and F.I.R. had been registered. Srinibas Sahoo @ Bidesi succumbed to his injuries in the hospital the same night. Page 2 of 5 7. Mr. S.K.Dwibedi, learned counsel for the petitioner submits that the petitioner is in custody since 13.06.2021 and in the trial, only fifteen out of twenty one witnesses have been examined. He submits that the incident was a result of quarrel and both sides were involved in a fight and assaulted each other and counter cases, i.e., Rengal Dam Side P.S. Case No.103 of 2021 and 105 of 2021 are pending against the other side. He also submits that the prayer has been made to the learned trial Court to hear the cases analogously, (as a result of which the deceased, Bidesi @ Srinibas Sahoo has sustained an injury on his head which is fatal). He also submits that co-accused, Prasanta Sahoo against whom similar allegation was made, has been granted bail by order dated 18.12.2024 passed in BLAPL No.8639 of 2024. 8. Ms.Subhalaxmi Devi, learned Additional Standing Counsel opposes the prayer for bail stating that there is specific allegation that the petitioner and co-accused, Prasanta Sahoo had assaulted Bideshi @ Srinibas on his head and the head injury has been stated by the doctor to be the cause of death and he may tamper with evidence and abscond if released on bail. 9. Perused the report dated 19.12.2024 of the learned Addl. Sessions Judge, Talcher who has stated that out of twenty one chargesheeted witnesses, fifteen witnesses including the complainant and medical officer had been examined and out of remaining witnesses, the investigating officer is yet to be examined. On 30.08.2024, the accused-petitioner had filed a Page 3 of 5 petition to call for G.R. Case No.1089 of 2021 from the Court of the learned J.M.F.C. (C.T.), Talcher for analogous hearing of the case record as the same arises from the said incident. But the same had been rejected on 22.10.2024. Subsequently, the said case record has been submitted to the Court and has been renumbered as C.T. (S) Case No.221 of 2024 and the said case has been posted to 10.01.2025 for appearance of the accused persons in that case. The present case also stands posted to 10.01.2025 for hearing on which date the Addl. P.P. has been asked to procure the attendance of the investigating officer. 10. Considering the fact that the petitioner is in custody since 13.06.2021, the genesis of the occurrence which is a quarrel for which there is case and counter case and as the petitioner stands on the same footing as the co- accused who has been granted bail, I am inclined to allow the prayer for bail of the petitioner by imposing conditions to ensure that he is present on each date of trial and does not tamper with evidence. 11. Let the petitioner- Dillip Kumar Sahoo 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) He will not threaten or try to influence the prosecution witnesses or tamper with prosecution evidence. (ii) He will remain present in Court, on each date it is fixed for trial. Page 4 of 5 12. Violation of any condition will entail in cancellation of bail. 13. The BLAPL is allowed. 14. No observation in this order should influence the learned trial court which is hearing the case, as they have been made for the purpose of consideration of the prayer for bail. 15. Copy of this order be sent to the learned trial court by the Registry forthwith. (Savitri Ratho) Judge Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 09-Jan-2025 12:44:42 Page 5 of 5