Bamana Behera vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

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

This is an application under section 439 of Cr.P.C. in connection with Nandipada P.S. Case No.151 of 2020 corresponding to G.R. Case No. 374 of

2020 pending in the file of learned S.D.J.M., Keonjhar for alleged commission of offences under sections 147/148/294/302/506/149 of the Indian Penal

Code.

The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions judge, Anandapur vide order dated 13.01.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 11.12.2020 and he has been charge sheeted under sections

147/148/294/302/506/149 of the Indian Penal Code and the occurrence in question took place on 20.11.2020 and while a village meeting was going on,

a dispute arose and it is stated that the petitioner and some other co-accused persons assaulted the deceased and co-accused Bijan Behera assaulted

the deceased on his head with a cricket bat as a result of which the deceased died. Learned counsel for the petitioner further submits that the

accusation against the petitioner is omnibus in nature and the post mortem report also indicates that the deceased has sustained head injury which is

the cause of his death. He further submitted that one of the co-accused namely Umakanta Khandei has already been released on bail by this Court in

BLAPL No.3884 of 2021 vide order dated 17.06.2021 and the petitioner stands on similar footing like the co-accused who has been released on bail.

He further submitted that the only difference between the petitioner and the co-accused who has been enlarged on bail is that the petitioner has got

number of criminal antecedents and in view of the nature of accusation against the petitioner and the background of the case, the bail application of

the petitioner may be favourably considered.

Learned counsel for the petitioner as per the order dated 03.08.2021 has filed a comprehensive affidavit relating to the status of the criminal cases

which were instituted against the petitioner.

Learned counsel for the State has produced the case diary and opposed the prayer for bail and placed the statement of Sudhansu Kumar Khandei and

also the post mortem report which indicates that the cause of death was on account of cranio cerebral injury which has been caused by hard and blunt

weapon and a cricket bat was also produced before the Medical Officer who opined that the head injury is possible by such bat.

Learned counsel for the informant also opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding

circumstances under which the offences alleged to have been committed, the nature of overt act alleged against the petitioner, the fact that the main

allegation is against co-accused Bijan Behera, release of the co-accused on bail, taking into account the post mortem report findings and the period of

detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local

solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court

may deem just and proper subject to condition that the petitioner shall appear before the I.I.C. of Nandipada police station once in a fortnight on every

Monday in between 10.00 a.m. to 4.00 p.m. for a period of three months from the date of release and he shall not try to come in contact with any of

the prosecution witnesses or tamper with the evidence and he shall not indulge himself in any criminal activities or tamper with the prosecution

evidence and he shall appear before the learned trial Court on each date when the case would be posted for trial. Violation of any of the terms and

conditions fixed shall entail cancellation of bail.

BLAPL is accordingly disposed of.

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

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