Ananta @ Bhima Dhal Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of the Cr.P.C. has been filed in connection with Brajarajnagar Police Station Case No.316 of 2023 corresponding to C.T. Case No. 1071 of 2023 pending in the court of the learned J.M.F.C.(1)(Cog. taking), Jharsuguda registered under Section 341,323,325,387,307,294,506,34 of the IPC, read with Section 25 & 27 of the Arms Act.

The prayer for bail of the petitioner has been rejected on 05.01.2024 passed by the learned Sessions Judge, Jharsuguda in BLAPL No. 626 of 2023.

Prosecution allegations in brief is that the informant namely Krishna Mohan Singh is the resident of OPM colony B Line, Brajarajnagar and he is working in MCL Company and staying with his family. In the month of May 2023, the present petitioner demanded an amount of Rupees two lakhs from him. Thereafter, the petitioner kept pressurizing him to give the said money, threatening to kill him if he did not do so. On 06.10.2023, when he had gone for a walk in the OPM field, at that time the petitioner along with his associates came near him in a Thar jeep and surrounded him. The petitioner brought out a mauser from his waist and put it on the head of the informant, threatened to kill him and fired the gun. The gun misfired, for which he was saved. Thereafter, they assaulted him, abused him in obscene language and threatened to kill him. The informant became unconscious and fell down. Then, the petitioner and his associates left him there thinking him to be dead. The informant was rescued by some passerby. After he informed this incident to his family members, they decided to leave Brajarajnagar out of fear of the present petitioner and his brother Ajit Dhal. On account of such assault, the informant is unable to hear in his right ear. After a month, his family members advised him to take shelter before the police station for which the FIR has been lodged at the police station on 25.11.2023.

Mr. Sk. Zafarulla, learned Counsel for the petitioner submits that the petitioner is in custody since 26.11.2023. FIR has been admittedly lodged after one month of the occurrence and till date, the informant has not been medically examined. Independent witnesses have not been examined in this case and though it is stated that the petitioner has criminal antecedents, he has been released on bail in 4 cases and one case is pending before this Court where the matter has been settled for which he has been granted interim protection. He finally submits that as it is apparent that false allegations have been made against the petitioner, he may be released on bail.

Mr. D. K. Mishra, learned Additional Government Advocate opposes the prayer for bail stating that the petitioner has a number of criminal antecedents and he has laid to discovery of one Pistol and two live ammunitions.

Considering the nature of the allegations against the petitioner and his criminal antecedents, I am not inclined to release him on bail.

Prayer for bail is accordingly dismissed.

Urgent certified copy of this order be granted on proper application.

Mr. Zafarulla, learned counsel for the petitioner wants to withdraw the bail application. The prayer is rejected as the bail application has been dismissed.

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