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B. Bhaskar Patra vs State Of Odisha

Orissa High Court · Decided on 31 October 2023 · Citation: (2023) 10 OHC CK 0190

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 323, 341, 506
RESULT
Allowed
CASE NUMBER
Bail Application No. 10867 Of 2023
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Judgment

16 paragraphs · 561 words

Savitri Ratho, J

1.

This application under Section 439 of Cr.P.C. has been filed in connection with Rambha P.S. Case No. 202 of 2023 corresponding to G.R. Case No. 500 of 2023 pending in the court of learned J.M.F.C., Khallikote under Sections 341, 294, 323, 506 and 34 of IPC.

2.

The prosecution allegations in brief against the petitioner are that on 17.03.2023 at about 9.00 A.M. the informant working in the field of Bira Dhaba when he returned after drinking water, he found his spade missing. He asked the accused persons about the spade for which they got annoyed, abused him in obscene language and also assaulted him by means of a spade. The owner of Bira Dhaba tried to pacify them. After the informant went to his house, the accused persons followed him and abused him in obscene language and threatened to kill him and abused his wife in obscene language.

3.

Mr. B.S. Das, learned counsel for the petitioners has filed affidavit of Smt. M. Mahalaxmi Patra, W/o- M. Laxman Patra and Smt. B. Sabitri Patra, W/o-B. Bhaskar Patra. In case of B. Bhaskar Patra, his wife, Smt. B. Sabitri Patra has stated that he has 4 criminal antecedents and he has been released on bail in all the 4 cases. In case of M. Laxman Patra, his wife, Smt. M. Mahalaxmi Patra has stated that he is accused in 6 other cases and has been released on bail in all the 6 cases.

Mr. B.S. Das, learned counsel for the petitioners also submits that informant has not sustained any injury and investigation has been completed in the case and chargesheet has been filed under Sections 341, 294, 323, 506 and 34 of IPC and all the offences are triable by a Magistrate.

4.

Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail in view of the numerous criminal antecedents of the petitioners.

5.

Even though the petitioners have a number of criminal antecedents, considering the nature of allegations in the present case and the submission of the learned counsel for the petitioners that the informant has not sustained any injury whatsoever, I am inclined to allow the prayer for bail.

6.

Let the petitioners-B. Bhaskar Patra and M. Laxman Patra be released on bail to the satisfaction of the learned court in seisin over the matter on such terms and conditions as may be deemed fit and proper, subject to verification that the informant has not sustained any injury, including the following conditions :

(i) They shall appear before the Rambha Police Station every alternate day between 3.00 P.M. to 5.00 P.M. for a period of two months and thereafter on the first Sunday of each month between 3.00 P.M. to 5.00 P.M.

(ii) They will not indulge any criminal activity while on bail.

(iii) They will appear in the court when it is fixed for trial unless their appearance is dispensed with on that particular date by the learned trial court.

Violation of any conditions will entail in cancellation of bail/ recall of this order.

7.

The BLAPL is accordingly allowed.

8.

Copy of this order be supplied to Mr. S.S. Pradhan, learned Additional Government Advocate for onward transmission to the IIC Rambha Police Station for compliance and follow up action.

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

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