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Akash @ Maheswar Naik vs State Of Odisha

Orissa High Court · Decided on 28 August 2023 · Citation: (2023) 08 OHC CK 0182

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 307, 323, 325, 341, 379
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 8039 Of 2023
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Judgment

13 paragraphs · 359 words

V. Narasingh, J

1.

Since all the matters arise out of Info Valley P.S. Case No.102 of 2023, they are heard together and disposed of by this common order on the consent of the parties.

2.

Heard learned counsel for the Petitioners and learned counsel for the State.

3.

The Petitioners are accused in G.R Case No.228 of 2023 pending on the file of learned J.M.F.C., Jatani, arising out of Info Valley P.S. Case No.102 of 2023 for commission of the alleged offence under Sections 341/323/325/307/379/34 IPC.

4.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned 1st Addl. Sessions Judge-cum-Special Judge, Vigilance, Bhubaneswar by order dated 15.07.2023 in the aforementioned cases, the present bail applications have been filed.

5.

It is submitted by the learned counsel that the Petitioners are in custody since 22.06.2023 and since investigation has progressed substantially, they may be released on bail.

6.

Learned counsel for the State opposes the prayer for bail referring to the statement of the injured Babindar Parida and the injury report indicating that he has suffered 8 external injuries and one of the injuries is grievous.

7.

On instruction, learned counsel for the Petitioners submits that the Petitioners in BLAPL Nos.8039 of 2023 and 8073 of 2023 (Akash @ Maheswar Naik and Subrat @ Mantu Naik) respectively are the first offenders and Petitioner in BLAPL No.8016 of 2023 (Pranab @ Kanha Nayak) has 2 criminal antecedents which are year old.

8.

Taking into account that two Petitioners are the first offenders and one Petitioner has two criminal antecedents which are year old, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.

9.

Before releasing, learned Court in seisin is requested to verify as to whether the assertion regarding criminal antecedents made by the learned counsel for the Petitioners is correct or not. If it comes to fore that such assertion is not correct, this order shall stand recalled.

10.

Accordingly, the bail applications stand disposed of.

11.

Urgent certified copy of this order be granted as per rule.

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