Kanhu Charan Pradhan vs State Of Odisha

Savitri Ratho, J

Though the name of Mr.Om Kumar Baliarsingh, learned counsel has been reflected in the brief and in the cause list, as counsel for the petitioner, perusal of the Vakalatnama filed in this case reveals that the Vakalatnama beers the names of Mr.Om Kumar Baliarsingh, Bikash Ranjan Ojha, Dipti Ranjan Jena and Smruti Ranjan Samantara, learned counsel but the Vakalatnama has been signed only by Mr.Bikash Ranjan Ojha.

Registry should be more careful while reflecting the names of the learned counsel in the brief.

This is the 2nd application of the petitioner under Section 439 Cr.P.C. filed by the petitioner in this Court in connection with Laxmisagar P.S. Case No.365 of 2023 corresponding to C.T. Case No.859 of 2023, pending in the Court of the learned J.M.F.C.-IV, Bhubaneswar where charge sheet dated 12.01.2024 has been filed against the present petitioner Kanhu Charan Pradhan, co-accused Santosh Sahoo @ Dilu, Banty @ Sumanta Kumar Bhoi, Rameswar Behera and Chittaranjan Pradhan under Sections 341, 323,307,506,34 of the IPC, showing Chittaranjan Pradhan as an absconder.

BLAPL No.12508 of 2023 filed by the petitioner earlier had been dismissed on 08.11.2023 granting liberty to the petitioner to move for bail afresh after completion of investigation.

The prosecution allegation in brief is that on 17.09.2023, the motorcycle of co-accused Rameswar had dashed against the cycle of a child as a result of which the child fell down on the road. When the husband of the informant intervened, co-accused Rameswar abused him in obscene language. In the evening co-accused Rameswar came with the present petitioner and other accused persons armed with bhujali, iron rod and sword and assaulted the husband of the informant as a result of which he sustained three lacerated injuries, one stab injury and one swelling injury.

Mr.B.R.Ojha, learned counsel for the petitioner submits that the petitioner does not have any criminal antecedents and he is in custody since 18.09.2023. In the meanwhile the main accused Rameswar Behera has been released on bail on 19.10.2023 pursuant to order dated 03.10.2023 passed by this Court in ABLAPL No. 10772 of 2023 and co-accused Chittaranjan Pradhan has been released on bail on 02.04.2024 pursuant to order dated 07.03.2024 passed by this Court in ABLAPL No. 1899 of 2024. He further submits that since investigation has been completed and the injured is stated to have sustained only simple injuries and co-accused persons standing on similar footing have been released on bail, the petitioner may also be released on bail.

Considering that nature of allegations against the petitioner, period spent by the petitioner in judicial custody, completion of investigation, submission that the petitioner does not have any criminal antecedents and since co-accused persons standing on similar footing have been released on bail, I am inclined to allow the prayer for bail of the petitioner.

The petitioner - Kanhu Charan Pradhan 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 no criminal antecedent, including the following conditions:

(i) He shall not commit any offence.

(ii) He shall not threaten the complainant or other prosecution witnesses.

(iii) He shall appear in the Laxmisagar Police Station once in a month preferably on the first Sunday of every month between 4.00 p.m. to 5.00 p.m.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

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

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