Chintu @ Rakesh Mohanty vs State Of Orissa

Savitri Ratho, J

Perused the report dated 02.04.2024 of the learned J.M.F.C.(V), Bhubaneswar, which reveals as follows;

“Respectfully, with reference to the subject cited above, the CT Case No. 1184/2023 arising out of Dhauli P.S. Case No.171, dated. 29.08.2023 the accused persons namely Gopinath Rout, Omprakash Mohanty, Tusar Kumar Dev, Uttam Mohapatra, Soumya Ranjan Sahoo and Rakesh Mohanty are remanded in this case on dated 02.09.2023, 02.09.2023, 07.09.2023, 24.09.2023, 24.09.2023 and 31.10.2023 respectively. Smruti Ranjan Rout and Anil Sahoo are surrendered before this court on dated 13.10.2023 and 04.11.2023 respectively. Gopinath Rout was released on bail on dated 15.02.2024 vide order dated 10.10.2023 passed by 3rd Addl. Sessions Judge, Bhubaneswar in B.A. 1868/2023, Omprakash Mohanty was released on bail on dated 11.10.2023 vide order dated 10.10.2023 passed by 3rd Addl. Sessions Judge, Bhubaneswar in B.A. No.1813/2023, Tusar Kumar Dev was released on bail on dated 07.03.2024 vide order dated 13.11.2023 by 3rd Addl. Sessions Judge, Bhubaneswar in B.A. No.2100/2023, Soumya Ranjan Sahoo was released on bail on dated 26.12.2023 vide order dated 22.11.2023 passed by 3rd Addl. Sessions Judge, Bhubaneswar in Β.Α. Νο.2140/2023 and Anil Sahoo was released on bail on dated 04.11.2023 vide order dated 30.10.2023 passed by Hon'ble High Court of Orissa in ABLAPL No.12308/2023 and Smruti Ranjan Rout was released on bail vide order dated 10.10.2023 passed by Hon'ble High Court of Orissa in ABLAPL No.11211/2023 on dated 13.10.2023. Preliminary Charge sheet was received on dated 06.11.2023 keeping the investigation open and cognizance was taken on the same day. Final Charge sheet was received on dated 02.01.2024. Now the accused persons namely Rakesh Mohanty and Uttam Mohapatra are in jail custody and remanded till 15.04.2024. N.B.W. was issued against the accused persons namely Satya Prakash Hati and Lucky Bhoi on dated 26.12.2023. Now the case is posted on 15.04.2024 for the production of the accused persons namely Uttam Mohapatra, Rakesh Mohanty, Satyaprakash Hati and Lucky Bhoi and for the appearance of the accused persons namely Gopinath Rout, Omprakash Mohanty, Tusar Kumar Dev, Soumya Ranjan Sahoo and Anil Sahoo.”

This is the second application of the petitioner under Section 439 of Cr.P.C. in connection with Dhauli P.S. Case No. 171 of 2023 corresponding to C.T. Case No. 1184 of 2023 pending in the Court of the learned J.M.F.C.(Cog.-V), Bhubaneswar, where preliminary charge sheet has been submitted against co-accused 1. Gopinath Rout, 2. Om Prakash Mohanty, 3. Uttam @ Chandan Mohapatra, 4. Sanu @ Tushar Kumar Dev, 5. Soumyaranjan Sahoo, under Section 341,294,307,427,380,384,506,34 of the IPC, read with Section 27 of the Arms Act, keeping investigation open. Therefore, charge sheet dated 27.12.2023 has been submitted against Happy @ Satyaprakash Hati, Bubuna @ Lucky Bhoi, 3. Anil Sahu, 4. Chintu @ Rakesh Mohanty (the present petitioner), for commission of the offences punishable under Sections 341, 294, 307, 427, 380 384, 506, 34 of IPC read with Section 27 of Arms Act.

The earlier bail application of the petitioner had been rejected on 30.11.2023 keeping in view that he has 24 criminal antecedents and investigation was in progress. He had been granted liberty to move the learned Court below for bail afresh after submission of the charge sheet.

After submission of the charge sheet, his prayer for bail had been rejected on 25.01.2024 by the learned 3rd Additional Sessions Judge, Bhubaneswar in B.A. No. 113 of 2024.

The prosecution allegation in brief is that on 28.08.2023 at about 9.46 p.m., when the informant was sitting near the Rakhi Shop of Sisupalagarh Chhak at that time, Uttam Mohapatra, Hapi Hati, Ranjit Samal, Sarua Bhoi, Raja, Tumuna, Raja, Somu, Swastik Nayak, Lokesh Kumr Patra, Biki, Chiku, Priyansu and four to five others youths came there with deadly weapons like sword, pistol, chappad, knife and attacked him and damaged his bike with a sword and out of fear Pratik Swain, Jagannath Dalai, Lalata Patra and Ajit Dhanraj fled away from the spot. The accused persons entered the Rakhi shop of the informant and took away the cash of Rs.21,000/-from the Rakhi shop and threatened him with dire consequences if he reported the matter at the Police Station.

Mr. A. S. Paul, learned counsel for the petitioner submits that the petitioner while in custody in Kharabela Nagar PS Case No. 508 of 2023 has been remanded on 31.10.2023 in this case on the basis of the statement of the co-accused and the statements of two witnesses who has been examined one month after the occurrence. He had not been named in the FIR. He submits that the statements have been recorded at a belated stage only to drag the petitioner into the case. As regards the allegations under Section 307 of IPC, he states that the omnibus allegations have been made and there is no allegation that the informant has sustained any injury. He also submits that co-accused Gopinath Rout, Om Prakash Mohanty, Tusar Kumar Dev @ Sanu, Somu @ Soumyaranjan Sahu have been released on bail by the learned Court below. He further submits that mother of the petitioner has filed an affidavit stating that the petitioner has released on bail in all the 24 cases, in which he has been shown as an accused. As per the affidavit the 24 cases are as under:-

(1) Badagada P.S. Case No. l62, dtd. 12.06.2016 U/s.341/326/307/294/506/385/34 of I.P.C.

(2) Badagada P.S. Case No.227, dtd.25.08.2016, U/s.341/323/294/427/506 of I.P.C.

(3) Badagada P.S. Case No.71, dtd.06.03.2016, U/s.341/294/323/506/34 of I.P.C.

(4) Badagada P.S. Case No.228, dtd.25.08.2016, U/s.341/323/294/506 of I.P.C.

(5) Badagada P.S. Case No.70, dtd.24.03.2015, U/s.448/341/323/294/506/34 of I.P.C.

(6) Badagada P.S. Case No.5I, dtd.23.02.2017, U/s.341/324/326/307/379/506/34 of IPC.

(7) Badagada P.S. Case No.268, dtd.04.09.2017, U/s.341/323/385/294/506 I.P.C.

(8) Badagada P.S. Case No.277, dtd.07.09.20I7, U/s.224 of I.P.C.

(9) Badagada P.S. Case No.231, dtd.26.08.20I6, U/s.341/323/307/385/294/379/506/34 of IPC.

(10) Badagada P.S. Case No.09, dtd.26.08.20I6, U/s.110(d)(e) & (g) Cr.P.C.

(11) Badagada P.S.Case No.23, dtd.20.09.2017, U/s.I10(a)(e)&(g) Cr.P.C.

(12) Badagada  P.S.Case  No.l20,  dtd.09.05.2018 U/s.326/307 of I.P.C.

(13) Khandagiri P.S.Case No.188, dtd.01.05.2017 U/s.394 of I.P.C.

(14) Nayapalli P.S.Case No.181, dtd.25.06.2017, U/s.394 of I.P.C. read with Section 25/27 of Arms Act.

(15) Laxmisagar P.S.Case No.71, dtd.06.03.2016, U/s.341/323/294/506 of I.P.C.

(16) Laxmisagar P.S.Case No.411, dtd.29.12.2016, U/s.394 of I.P.C.

(17) Laxmisagar P.S. Case No.82, dtd.15.03.2018, U/s.341/323/326/307/34 of I.P.C.

(18) Laxmisagar P.S. Case No.118, dtd.09.05.2018, U/s.323/325/307/34 of I.P.C.

(19) Laxmisagar P.S. Case No.l57, dtd.19.06.2018, U/s.294/341/323/307/379/34 of I.P.C.

(20) Airfield P.S. Case No.286, dtd.02.09.2018, U/s.341/326/307/34 of I.P.C. turned to 427/335/I20-B of I.P.C.

(21) Jatni P.S. Case No.344, dtd.05.10.2018, U/s.307/353/294/506/34 of I.P.C. read with Section 25/27 of Arms Act.

(22) Kharavelanagar P.S. CaseNo.61, dtd.18.2.2018, U/s.394 of I.P.C.

(23) Kharavelanagar  P.S.  Case  No.508  of  2023, U/s.399/402 of I.P.C.

(24) Dhauli P.S.Case No.l70 of 2023, for commission of offences U/s.341/323/427/ 506/34 of I.P.C/394 read with Section 25/27 of Arms Act.

Mr. M. R. Mishra, learned Additional Standing opposes the prayer for bail stating that the petitioner is a habitual offender having a number of criminal cases of similar nature. He further submits that it could not be verified if the petitioner has been released on bail in Dhauli P.S. Case No. 170 of 2023. He further submits that the petitioner had been released on bail in the month of July, 2023 after which he has been involved in the Kharabela P.S. Case No. 508 of 2023 and the present case.

Considering the submission that the petitioner had not been named in the FIR and has subsequently been implicated in the case, the nature of materials collected against him and the submission that the petitioner has been released on bail in all the 24 cases which he is allegedly involved in and as 22 out of 24 cases against him are of the year 2016 to 2018 and only two cases are of the year 2023, I am inclined to allow the prayer for bail of the petitioner, but subject to stringent conditions.

The petitioner Chintu @ Rakesh Mohanty shall be released on bail on such terms and conditions as deemed fit and proper by the learned Court below in seisin over the matter, subject to verification that he has only the twenty-four criminal antecedents mentioned above and that he has been released on bail in all the twenty-four cases, 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 remain present on each date fixed for trial subject to any order passed by the learned trial Court passed under Section 317 Cr.P.C.

(iv) He will report before the Badagada Police Station and once a week preferably on a Sunday between 3.00 p.m. to 5.00 p.m. till conclusion of trial.

Violation of any condition will entail in cancellation of bail/recall of this order.

The BLAPL is accordingly disposed of.

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

Copy of this order be supplied to Mr. M. R. Mishra, learned Addl. Standing Counsel for onward transmission to the IIC, Badagada Police Station, to enable him to take steps for recall of this order in case of violation of any condition.

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