AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
11 paragraphs · 367 wordsSavitri Ratho, J
This application under Section 439 of the Cr.P.C. has been filed in connection with Motanga P.S. Case No.232 of 2023 corresponding to G.R. Case No.327 of 2023, pending in the Court of the learned J.M.F.C. (Cog. Taking), Dhenkanal where chargesheet has been submitted against the petitioner and one Karan Rout, Linkun Sahu, Litu Mohanty and Rakesh @ Rani.
The prayer for bail of the petitioner and one Litu Mohanty has been rejected on 20.10.2023 by the learned A.D.J.-cum-Special Judge (Vigilance), Dhenkanal in BLAPL No.470 of 2023 when investigation was in progress.
The prosecution allegation in brief is that on 31.08.2023 at about 10.00 p.m. when the informant alongwith his father and one Arakhita Behera were sleeping in their house, at about 2.50 a.m., four persons entered into their house with masks, and assaulted them by means of crowbar, axe and bhulali and took away Rs.3,500/- and a mobile phone from them. During investigation, the present petitioner and one Karan Raut, Linkum Sahu and Rakesh @ Rani were arrested.
Mr.J.K.Padhi, learned counsel for the petitioner submits that the petitioner is in custody since 06.09.2023 and in the meanwhile investigation has been completed. Although it is stated that the petitioner has been implicated in seven cases, he has been granted bail in all the seven cases.
Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that the manner in which, the crime has been committed by assaulting the witnesses with deadly weapons and as the petitioner has seven criminal antecedents, he should not be released on bail. He further submits that BLAPL No.422 of 2024 filed by Litu Mohanty has been rejected on 01.02.2024 granting liberty to him to move for bail afresh if there is undue delay in completion of the trial.
Considering the nature of allegations against the petitioner and the number of criminal antecedents, I am not inclined to release him on bail at this stage.
The BLAPL is accordingly dismissed.
It is open for the petitioner to move for bail afresh if there is delay in completion of trial.
Urgent certified copy of this order be granted on proper application..
……………………………