Biswanath Barik vs State Of Odisha & Anr

S.K. Panigrahi, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Appellants and the learned Additional Government Advocate for the State.

The Appellants have preferred this Criminal Appeal with a prayer to allow the appeal by setting aside the order dated 22.07.2021 and release them on bail in C.T. Spl. No.18 of 2021 arising out of Kuakhia P.S. Case No.46 of 2021 pending in the court of the learned District and Sessions Judge-cum-Special Judge, Jajpur for commission of offense under Sections 147/ 148/ 341/ 323/ 324/ 307/ 294/ 506/ 379/ 149 of the I.P.C. read with Section 3(1)(r)(s)/ 3(2)(va) of the S.C. and S.T. (PA) Act.

The prosecution allegation, in brief, is that on 12.02.2021 at about 9.30 A.M. when the complainant was going to Bedamati at Tota Chhak with earlier planning the present Appellants and several others of the same village armed with different weapons suddenly chased him. In order to save his life, one Surendra Sahoo, Ajay Sahoo, Prasant Mallik, Kuja Sahoo came for rescue, but they were also attached. When the alleged accused persons saw that some persons of their village intervened in the matter, they fled from the spot. The informant received some injuries and treated in Madhuban C.H.C.. During the assault, his mobile phone and cash of Rs.50,000/- have also been taken by the accused persons. During course of investigation, the present Appellants were apprehended on 12.02.2021, 14.02.2021 and 17.02.2021 respectively.

Learned counsel for the Appellants submits that there was case and counter case beween two groups for construction of some public work under MNAREGA Scheme. The injury received by the complainant is simple in nature. The Appellant Nos.1 to 3 are in custody since 12.02.2021, 14.02.2021 and 17.02.2021 respectively. He further submits that in the meantime, some of the co-accused persons, who have similarly placed with the Appellants, have already been granted bail by the learned District and Sessions Judge, Jajpur.

Learned Additional Government Advocate for the State though opposes the bail application of the Appellants, but concedes that there was case and counter case between two groups.

Considering the submissions made, facts and circumstances of the case and the period of detention and the fact that some of the co-accused persons, who have similarly placed with the Appellants, have already been granted bail by the learned court below, this Court is of the view that the Appellants deserve to be released on bail. Accordingly, the prayer for bail of the Appellants stands allowed.

Accordingly, the Appellants be released on bail in the aforesaid case by the court in seisin over the matter on some stringent terms and conditions as deemed just and proper with further conditions that:

i. the Appellants shall appear before the learned trial court on each date of posting of the case;

ii. they shall not indulge in similar activities in future;

iii. they shall not tamper the evidence of the prosecution witnesses in any manner;

iv. they shall report before the local Police Station on every alternate Sunday in between 10.30 A.M. to 12.00 Noon.

Violation of any of the conditions shall entail cancellation of the bail.

Accordingly, the CRLA stands allowed.

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

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