Chaita @ Chaitanya Malik State of Odisha … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 14359 of 2023 Chaita @ Chaitanya Malik State of Odisha ….. Vs. ….. Petitioner Mr. Arijeet Mishra, Adv. Opp. Party Mr. S.S. Mohapatra, A.S.C. Order No. 06. CORAM: JUSTICE SAVITRI RATHO
Decision
ORDER 13.03.2024 (Through hybrid mode) 1. This application under Section 439 of Cr.P.C. has been filed in connection with Aul P.S. Case No. 469 of 2023 corresponding to G.R. Case No. 751 of 2023 pending in the court of the learned J.M.F.C., Aul registered under Sections 450 and 394 of IPC against three unknown persons. 2. The prayer for bail of the petitioner has been rejected on 20.11.2023 passed by the learned Assistant Sessions Judge, Pattamundai, when investigation was in progress observing that the petitioner is involved in three other cases i.e. Aul P.S. Case No. 235 of 2023, Aul P.S. Case no. 667 of 2023 and Aul P.S. Case No. 835 of 2023. 3. This case has been listed before me as BLAPL No. 13395 of 2023 filed by co-accused Kalandi Prusty has been disposed of by Page 1 of 6 me on 13.12.2023. 4. The prosecution allegation in brief is that on 24.05.2023 at about 1.00 p.m. in the night after taking dinner, the informant and his family members slept after locking the grill and back door. Three unknown persons entered the house using the bamboos which had been tied for the purpose of plastering work in the house. They threatened his daughter-in-law and assaulted his grandson with a wooden plank. They assaulted his wife. By the time the informant went outside and called the villagers, the culprits had already left the house by taking one gold necklace, three pairs of earrings, three numbers of gold finger rings one pair of sankhi one Mangalasutra and one pair of silver anklet. 5. Mr. A. Mishra, learned Counsel for the petitioner submits that the petitioner is in custody since 08.11.2023 and after he was arrested in this case, on the basis of his own alleged confession he has been shown to be an accused in three other cases. He submits that in the mean while investigation has been completed and some of the stolen articles have been recovered and no TI parade has been held in respect of the petitioner. Co-accused Kalandi Prusty has been released on bail by this Court on 13.12.2023 passed in BLAPL No. 13395 of 2023. His further submission is that the Page 2 of 6 petitioner is aged about 19 years and is being exposed to hardened criminals in jail for which his prayer for bail may be sympathetically considered. 6. Mr. S. S. Mohapatra, learned Additional Standing counsel opposes the prayer for bail stating that even though the petitioner is aged about 19 years, he has three criminal antecedents which includes two cases including offences under Section 380 of IPC of the year 2023. He also submits that the co-accused Kalandi Prusty, who has been released on bail stands on a different footing as some stolen articles have been recovered from him on the basis of the statement of the present petitioner. In reply to a query of the Court, he further submits that the case diary does not reveal that any of the inmates of the house have sustained any injuries during the robbery. 7. An affidavit has been filed by one Patita Malik, father of the petitioner stating that the petitioner has been implicated only basing upon the confessional statement of the co-accused persons and the co-accused persons have already been released on bail by this Court and in three other cases the petitioner has been released on bail, by this Court as well as the Court below. The cases are Aul P.S. Case No. 235 of 2023 for commission of the offence under Page 3 of 6 Section 294,435,506,34 of the IPC, Aul P.S. Case No. 667 of 2023 for commission of the offences under Section 457, 380 of the IPC and Aul P.S. Case No. 835 of 2023 for commission of the offences under Section 457,380,411,34 of the IPC. In the last two cases he has been granted bail by this Court in BLAPL No. 14298 of 2023 and BLAPL 14335 of 2023 by this Court. He files the orders in BLAPL No. 14298 of 2023 and BLAPL No. 14335 of 2023. The averments in the affidavit are obviously incorrect as only one co- accused namely Kalandi Prusty had been released on bail and the said Kalandi Prusty had been arrested on the basis of the confession of the present petitioner and the averment in the affidavit that the only material against the petitioner is statement of co-accused is also incorrect. 8. Although the averments in the affidavit are not entirely correct, considering the age of the petitioner and the submission that he has been implicated in the three other cases on the basis of his own confession after being arrested in this case and he has been granted bail in two cases by this High Court and another by the learned Court below and the submission that the investigation in the case is over, I am inclined to allow the prayer for bail of the petitioner, but subject to stringent conditions. Page 4 of 6 9. The petitioner Chaita @ Chaitanya Malik shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, subject to verification that he has only the three criminal antecedents mentioned above and that he has been released on bail in all the three cases and investigation has been completed in the case, including the following conditions: (i) He will not indulge in any criminal activity while on bail. (ii) He will not threaten or try to influence prosecution witnesses while on bail. (iii) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court passed under Section 317 Cr.P.C. (iv) He will report before the Aul Police Station and once a week preferably on a Saturday between 3.00 p.m. to 5.00 p.m. till conclusion of trial. 10. Violation of any condition will entail in cancellation of bail/recall of his order. 11. The BLAPL is accordingly disposed of. 12. Urgent certified copy of this order be granted on proper Page 5 of 6 application. 13. A copy of this order be handed over to Mr. S. S. Mohapatra, learned Additional Standing Counsel for onward transmission to the I.I.C., Aul Police Station, so that violation of any condition will be brought to the notice of this Court. Subhalaxmi (Savitri Ratho) Judge Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 14-Mar-2024 18:46:43 Page 6 of 6