The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13999 of 2023 Srikant Bhue @ Titu @ Tichu ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. - Sarat Kumar Jena Opposite Party Represented By Adv. - A.P.Das, A.S.C. BLAPL No.14422 of 2023 Sukadev Bhue ..... State Of Odisha -versus- ..... Petitioner Represented By Adv. - Sarat Kumar Jena Opposite Party Represented By Adv. - A.P.Das, A.S.C.
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 26.07.2024 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. 3. This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioners for bail in connection with Bargarh Sadar P.S. Case No.258 of 2023 corresponding to C.T. Case No. 1148 of 2023 pending in the Court of the learned S.D.J.M., Page 1 of 5. Bargarh for alleged commission of offence under Section 341/294/324/307/506/302/34 of I.P.C. 4. Learned counsel for the Petitioners submits that earlier this matter was not before any other Bench of this Court. Both the bail applications are taken up together as the same arises out of a common F.I.R. and self-same occurrence. Learned counsel for the petitioners submitted that the petitioners in both the applications are in custody since 19.07.2023. He further submitted that in the meantime the investigation has been concluded and the final charge sheet has been filed since 11.11.2023. Learned counsel for the petitioners further submitted that although the the charge has been framed, the trial has not commenced as of now. 5. With regard to the prosecution case, learned counsel for the petitioners submitted that both deceased and the present petitioners are related to each other. A dispute arose between the both brothers with regard to a piece of land which was being demanded by the deceased to construct a house under Indira Awaas Yojana. On one occasion when all the brothers were present and discussing about the land, the accused Sukadev Bhue who is the petitioner in BLAPL No.14422 of 2023, Sananda Bhue and, Srikant Bhue who is the petitioner in BLAPL No.13999 of 2023, assaulted Chatura Bhue and Sudam Bhue. As a result of such assault Sudam Bhue succumbed to the injury whereas Chatura Bhue sustained some injuries and survived. With regard to the assault by the accused persons, learned counsels for the petitioners submitted that one of the eye-witness namely Neheru Sahu, in his statement, has vividly narrated the incidents and he has stated that Sukadev Bhue assaulted the deceased by means of an axe and dealt a blow on his head, while Sanand Bhue Page 2 of 5. dealt blows on his back. So far Srikant Bhue is concerned, it has been stated that he was holding an iron rod and assaulted on the leg and back of the deceased. The aforesaid witness Neheru Sahu, who was present at the spot, has also stated that when he objected to the aforesaid assault the accused persons threaten him. After receiving the blows that two injured persons fell down on the ground and were shifted to the hospital with the help of local villagers. Subsequently the injured Sudam Succumbed to the injury sustained. Learned counsel for the petitioners, further referring to the evidence on record, particularly the statement of Neheru Sahu i.e. one of the eye witnesses, submitted that even though the present petitioner-Srikant Bhue was present at the spot, he was however only holding an iron rod and, as per the allegations he has given blows on the back and leg of the deceased which implies that the present petitioner did not have any intention to kill the deceased. Moreover, it is a matter of fact that the blow given by Sukadev Bhue by means of an axe is the cause of death of the deceased. Learned counsel for the petitioners further contended that the petitioner-Srikant Bhue does not have any criminal antecedent and that the petitioner is aged about 20 years. He further submitted that the petitioners belongs to the locality, therefore there is no chance of absconding. In such view of the matter, learned counsel for the Petitioners submitted that the Petitioners be released on bail on such terms and conditions as this Court deems fit and proper in the facts and circumstances of the case. 6. Learned counsel for the State objected to the release of the petitioners on bail on the ground that there are ample materials on record to establish the role of the both petitioners in the alleged crime. He further submitted that the deceased was assaulted brutally Page 3 of 5. as a result of which he succumbed to his injuries in the course of the aforesaid incident. He further contended that in the event the petitioners are released on bail there is likelihood that they might abscond, which might cause a delay in conclusion of the trial. On such grounds, learned counsel for the State submitted that that bail application of the petitioners be rejected at this juncture. 7. Having heard the learned counsels appearing for the Parties, on a careful examination of the materials on record as well as surrounding fact and circumstances, this Court observes that there are direct allegation of assault against the petitioners Sukadev Bhue in BLAPL No.14422 of 2023, therefore his involvement in the incident is very clear from the evidence of above-named eye-witness Neheru Sahu. Accordinlgy, this Court is not inclined to release Sukadev Bhue on bail and his bail application stands rejected, however, he is granted liberty to renew his prayer for bail after examination of the eye-witness Neheru Sahu. 8. So far as the petitioner Srikant Bhue @ Titu @Tichu i.e. the petitioner in BLAPL No.13999 of 2023 is concerned, it is observed that he was holding an iron rod and dealt blows on the leg and back of the deceased which are not fatal. Furthermore, considering the fact that the petitioner is aged about 20 years and, the period of custodial detention since 19.07.2023, this Court is inclined to release the petitioner Srikant Bhue on bail subject to the said petitioner furnishing a bail bond of Rs.30,000/- (Rupees Thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter. Violation of any of the aforesaid terms and conditions shall entail cancellation of the bail. 9. It is further directed that the bail granted to the Petitioner- Page 4 of 5. Srikant Bhue is also subject to the condition that the court below shall verify whether the Petitioner is having any criminal antecedent of similar nature. In the event it is found that the Petitioner is having any similar criminal antecedent, this bail order shall automatically stand revoked. 10. BLAPL is accordingly disposed of. 11. Issue urgent certified copy as per Rules. ( A.K. Mohapatra ) Judge Rubi Page 5 of 5. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jul-2024 14:15:32