Arjun Naik vs State Of Odisha

S.S. Mishra, J

This is an application under Section-439 Cr.P.C.

The petitioner is an accused in connection with Khandapada P.S. Case No.52 of 2022 corresponding to S.T. Case No.50 of 2024 for the offence under Sections-294/323/341/325/307/506/34 IPC pending in the Court of the learned Sessions Judge, Nayagarh.

The allegation against the petitioner is that there is political dispute in between the present petitioner and the informant. Therefore, the petitioner has been falsely implicated in the alleged crime. The wife of the present petitioner lodged a complaint against the informant and 10 others as Khandapada P.S. Case No.51 of 2022 corresponding to G.R. Case No.49 of 2022. There are cross-cases registered inter se the parties. Learned counsel for the petitioner submits that there are three criminal antecedents against the petitioner in the present case.

The co-accused Sunil Nayak has been enlarged on anticipatory bail by the coordinate Bench on 17.08.2022, while disposing of the ABLAPL No.3487 of 2022. Although the allegation against the petitioner is that of the offence under Section 307 IPC but perusal of the medical documents indicates that the injuries are simple in nature.

The petitioner had approached the learned Addl. District & Sessions Judge, Nayagarh praying for grant of bail. The learned Court below vide its order dated 24.01.2024 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 05.01.2024, the nature of accusation and according to the medical documents, the injuries are simple in nature and the criminal antecedents against the petitioner, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and shall not tamper with the evidence in any manner whatsoever and subject to verification of similar type of antecedents of the petitioner, subject to the further condition that the petitioner shall report before the I.I.C., Khandapada Police Station being physically present on each Sunday for three months.

Non-cooperation in the investigation and/or violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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