Biswajit Sahoo vs State Of Odisha

Savitri Ratho, J

1.This is the second application filed by the petitioner under Section 439 of Cr.P.C. in connection with Koraput Sadar P.S. Case No. 107 of 2022 corresponding to G.R. Case No. 492 of 2022 pending in the court of the learned S.D.J.M., Koraput where chargesheet dated 17.10.2023 has been submitted against the petitioner and one Babu @ Dipak Swain under Section 394 of IPC arraying Babu @ Dipak Swain as an absconder.

The earlier application of the petitioner i.e. BLAPL No. 12228 of 2023 had been dismissed for non-prosecution on 21.12.2023.

The prosecution allegations in brief against the petitioner is that on 25.06.2022 while the informant was returning in his ECO Maruti Suzuki bearing Registration No. OD-16D-4110 and had parked the same in front of Prince Hotel at Jeypore near the bus stand, three women labourers asked him to give a lift up to Deoghati and another two males requested him to give a lift up to Koraput Medical College. The complainant allowed them to board the vehicle. At Deoghati the three women got down. The two male persons asked him to stop the vehicle at Bila Ghati at about 3.30 P.M. One of them caught hold of his neck for which the complainant threw the key of the vehicle outside the vehicle getting annoyed one of the accused pulled the steering wheel for which the vehicle ran into a bush. Thereafter the two accused persons assaulted the complainant and took away Rs.10,000/- from him and also transferred Rs.3,000/- to the account of the present petitioner and took away the mobile phone of the informant. F.I.R. had been registered against unknown persons. The petitioner was arrested after the Police traced the transaction in his account to which Rs.3,000/- had been transferred by Phonepe and Rs.2,000/- was recovered from his account.

Mr. Santosh Chandra Atabudhi, learned counsel for the petitioner submits that the petitioner is in custody since 30.08.2023 and is aged about 19 years and although he has no criminal antecedents, he is being exposed to hardened criminals in jail for which his prayer for bail may be sympathetically considered. He further submits that no T.I. Parade has not been held in this case.

Mr. T.K. Praharaj, learned Senior Standing Counsel opposes the prayer for bail stating that the petitioner and the co-accused have robbed the informant of Rs.13,000/- in a pre-planned manner and as these types of crimes are increasing every day, the petitioner should not be released on bail.

Considering the age of the petitioner, the submission that he has no criminal antecedents and as investigation in the case has been completed, I am inclined to allow the prayer for bail.

The petitioner-Biswajit Sahoo shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he does not have any criminal antecedents, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He will report before the IIC, Balipatna Sadar Police Station, once in a month preferably on Sunday between 3.00 p.m. to 5.00 p.m. for a period of six months.

The BLAPL is accordingly disposed of.

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

A  copy of this order be supplied  to  Mr. T.K. Praharaj, learned Senior Standing Counsel for onward transmission to the IIC, Balipatna Sadar Police Station, Khordha.

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