Akhaya Jena vs State Of Odisha

B. P. Routray, J

The matter is taken up through hybrid mode.

Heard Mr. K. Panigrahi, learned counsel for the Petitioner and Mr. K.K. Das,  learned  Additional  Standing  Counsel  for  Opposite  Party  -State.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Akhaya Jena in connection with Bramhagiri P.S. Case No.43 of 2019 corresponding to S.T. Case No.39/264 of 2022 (G.R. Case No.612(A) of 2019) pending in the court of learned 2nd Additional Sessions Judge, Puri for alleged commission of offences under Sections 147/148/324/326/326(A)/294/307/302/436/506/149 of the Indian Penal Code.

The allegations are to the effect that when the injured and deceased persons were guarding the forest in a hut, present accused along with other accused persons came there assembled and attacked. In the occurrence, two persons died and four persons were injured.

Mr. Panigrahi, learned counsel for the Petitioner submits that the trial has been split up in respect of the present Petitioner and he is inside custody since 8th November, 2021 and till date only 15 witnesses have been examined in course of trial. He further submits that in the original trial 12 witnesses have been examined and the dispute arises due to rivalry between two villagers. None of such witnesses examined in the present split up trial and in the original trial have stated any specific act against present Petitioner. Further, many other co-accused persons, namely, Kalu @ Rankanidhi Palei, Bichi @ Bichitra Rout, Karnadev Rout, Arata @ Arta Charan Jena, Rabi Jena, Prakash Jena, Rupei @ Rupendra @ Upendra Jena and others have already been released on bail by this court in different bail applications.

Upon hearing Mr. Das, learned ASC for State and going through the evidences of witnesses so far examined in the present split up trial, and considering the surrounding circumstances of the case as well as the fact of release of other co-accused persons on bail and the specific allegations leveled against present Petitioner, it is directed to release the Petitioner on bail in the above noted case on such terms and conditions as may be deemed just and proper by the learned court in seisin over the matter including the condition that the Petitioner shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.

The BLAPL is accordingly disposed of.

An urgent certified copy of this order be issued as per rules.

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