Basudeb Mania vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

The Petitioner is apprehending arrest in connection with Begunia P.S. Case No.84 of 2023 corresponding to S.T. No.106 of 2023 pending in the court of the learned Addl. Sessions Judge, Khordha, for the alleged commission of the offence under Sections 364/302/109/120-B/34 of I.P.C.

It is alleged that the Petitioner and several other persons of his village forcibly took the son of the informant to a nearby jungle and severely assaulted him causing grievous bodily injuries to which he ultimately succumbed. It is submitted that there was dispute between two groups of the village which led to quarrel.

It is submitted by learned counsel for the Petitioner that his client is suffering from cardiac ailments in support of which he has enclosed several medical documents to the bail application. That apart, there is lack of clear evidence as to the involvement of the Petitioner.

Learned State counsel referring to the case diary and particularly to the statement of the deceased while he was still alive submits that the Petitioner was a part of the group that had assaulted the deceased. He however, fairly submits that the other eye witness who was present along with the deceased has not specifically named the Petitioner.

Considering the nature of accusations and the materials on record, while not being inclined to grant anticipatory bail to the Petitioner, the ABLAPL is disposed of granting liberty to him to surrender before the learned Addl. Sessions Judge, Khordha in the aforesaid case in the first hour and to move for bail and in case of rejection thereof, he shall be at liberty to move the higher forum for bail in the second hour, which shall be disposed of on the same day.

The case diary and other documents be made available at the cost of the Petitioner

The ABLAPL is, accordingly, disposed of.

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

...…………………………….