Damodar Bej vs State Of Odisha

B. P. Routray, J

The matter is taken up through hybrid mode.

Heard Mr. D. Panda, learned counsel for the Petitioner, Mr. K.K. Das, learned Additional Standing Counsel and Mr. B.S. Rayaguru, learned counsel for the informant.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Damodar Bej in connection with Ghasipura P.S. Case No.188 of 2018 corresponding to S.T. Case No.12 of 2022 (G.R. (GN) Case No.303 of 2019) pending in the court of learned Additional Sessions Judge, Anandapur for alleged commission of offences under Sections 147/148/294/323/324/307/452/354/379/302/506/149 of the Indian Penal Code.

Mr. D. Panda, learned counsel submits on behalf of the Petitioner that he is inside custody since 27th December, 2021. The trial has not begun yet due to some interim orders passed in the revision case preferred by the Petitioner. He further submits that the Petitioner has been entangled in the case with false allegations made against him only for the reason that he is the head of the family. The F.I.R. lodged from the side of the Petitioner discloses that the informant group have assaulted on their family and presently his family members have been driven out from the village and their house has been demolished.

Mr. Das, learned ASC as well as Mr. Rayaguru submits that this Petitioner is the principal accused who dealt blows on the head of the deceased along with others. This Petitioner has been named by almost every eye witness of the occurrence.

In the present case one person died and three persons were injured. Having heard all the parties and considering the statements made by the informant, his wife (Manjulata), wife of the deceased (Manorama) and all other witnesses, I am not inclined to release the Petitioner on bail.

It needs to be mentioned here that though it is submitted that other co-accused persons have been released on bail in the meantime, but this Petitioner is seen standing on different footing who has been taken into custody on 27th December, 2021 and that this Petitioner has been named as the principal accused by the witnesses.

Accordingly the prayer for bail of the Petitioner is rejected and the BLAPL is dismissed.

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