Bapi Das vs State Of Odisha

S.K. Sahoo, J

All these bail applications are taken up through Hybrid arrangement (video conferencing/physical mode).

Since all the bail applications arise out of one case i.e. G.R. Case No.888 of 2020 pending in the Court of learned S.D.J.M., Berhampur, with the

consent of the learned counsel for the respective parties, all the cases are heard analogously and disposed of by this common order.

Heard Mr. Jyotirmaya Sahoo, learned counsel appearing for the petitioners and Mr. P.K. Mohanty, learned Additional Standing Counsel for the State

in all the bail applications.

All the bail applications under section 439 of Cr.P.C. are in connection with Gosaninuagaon P.S. Case No.82 of 2020 corresponding to G.R. Case

No.888 of 2020 pending in the Court of learned S.D.J.M., Berhampur for offences punishable under sections 341/323/294/506/302/34 of the Indian

Penal Code.

The prayer for bail of the petitioners was rejected by the learned Sessions Judge, Ganjam, Berhampur vide order dated 11.01.2021.

Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 30.05.2020 and they have been charge sheeted under

sections 341/323/294/506/302/34 of the Indian Penal Code. He further submitted that the occurrence in question took place on 27.05.2020 and the first

information report was also lodged on the very day by Kanaka Das, the widow of deceased Trinath Das and it is the statements of the eye witnesses

Kanaka Das as well as Gurubari Das that co-accused Sudhir Das assaulted on the left hand of the deceased Trinath Das with a wooden plank and

petitioner Kedar Das in BLAPL No.378 of 2021 assaulted on the head of the deceased by means of a sword and so far as the petitioner Bapi Das in

BLAPL No.376 of 2021 and petitioner Susanta Das @ Susant Das in BLAPL No.377 of 2021 and petitioner Kanhu Das @ Kanha in BLAPL

No.379 of 2021 are concerned, the allegations are omnibus in nature. He further submitted that the deceased has sustained two injuries, one is on the

left hand, which is a fracture injury and the other is on the head, which is a cut injury and it almost corroborates to the version of the eye witnesses

relating to the assault by co-accused Sudhir Das and petitioner Kedar Das and therefore, the bail application of the petitioners may be favourably

considered.

Learned counsel for the State has produced the case diary, placed the statements of the informant Kanaka Das as well as eye witness Gurubari Das

and he also placed the post mortem examination report, which indicates that the deceased has sustained a cut injury on the occipital region and one

fracture injury on the left hand elbow joint and external injury no.1 and its corresponding internal injuries are being opined to have been caused due to

cutting edge of a heavy cutting weapon and external injury no.2 was opined to have been caused by hard and blunt weapon and the death was due to

cranio-cerebral injuries and its complications thereof and external injury no.1 and its corresponding injuries were opined to be fatal in ordinary course

of nature.

Considering the submissions made by the learned counsel for the respective parties, since out of the four petitioners, the main allegation is against the

petitioner Kedar Das, who stated to have assaulted the deceased on his head by means of a sword and as per the post mortem report, the injury on

the head has caused the death of the deceased, I am not inclined to release him on bail. Accordingly, prayer for bail of petitioner Kedar Das in

BLAPL No.378 of 2021 stands rejected.

So far as petitioners, namely, Bapi Das, Susanta Das @ Susant Das and Kanhu Das @ Kanha are concerned, in absence of any specific overt act

against them and taking into account their period of detention in judicial custody, I am inclined to release them on bail.

Let the petitioners, namely, Bapi Das, Susanta Das @ Susant Das and Kanhu Das @ Kanha in BLAPL Nos.376

of 2021, 377 of 2021 and 379 of 2021 respectively be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty

thousand) each 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.

The petitioner Kedar Das is at liberty to renew his prayer for bail after examination of the eye witnesses in the trial Court.

All the Bail Applications are accordingly disposed of.

Issue urgent certified copy as per Rules.

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