Kuma @ Kumar Kandi vs State Of Odisha

Savitri Ratho, J

Ms. Ranjita Singh, learned counsel for the petitioner is permitted to remove the defect pointed out by the S.R. in Court today.

This application under Section 439 of Cr.P.C. has been filed in connection with Kakatpur P.S. Case No.166 of 2023 corresponding to G.R. Case No.814 of 2023, pending in the file of the learned J.M.F.C., Nimapara under Sections 341, 294, 323, 324, 307, 354, 506, 34 of IPC.

The prosecution allegation in brief is that on 16.08.2023 at about 10.00 a.m. when Prasanna Dixit, the husband of the informant has left his vine to fetch milk. While he was returning, the co-accused, Padia Kandi, one Hari Swain, Achyuta Swain and the present petitioner restrained him and started abusing him in filthy language. When he protested, the accused persons threatened to kill him and Padia Mandi assaulted him with a spade on his head. Thereafter, when the co-villager, Purusottam Panda tried to intervene, Padia Kandi assaulted him with spade on his head causing bleeding injury. When the informant tried to rescue her husband, the petitioner and other accused persons assaulted her by fist blows, dragged her and pulled her wearing apparel. Due to intervention of local gentries, the informant managed to escape.

Ms.Ranjita Singh, learned counsel for the petitioner submits that false allegations have been made against the petitioner as there is a dispute between the accused persons and regarding opening of a fish shop in front of the betel vine of the injured. She further submits that there is no allegation that the petitioner has assaulted Prasanna Dixit and Achyuta Swain against whom similar allegations have been made has been directed to be released on bail on his surrendering vide order dated 25.09.2023 passed in ABLAPL No.9701 of 2023 by this Court.

Mr. D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that the petitioner has two criminal antecedents- (i) Astaranga P.S. Case No.65 of 2021 under Sections 392, 432, 294, 506, 302 IPC and (ii) Astaranga P.S. Case No.124 of 2014 under Sections 341, 324, 506, 34 of IPC. He further submits that since investigation is in progress, the petitioner may threaten the witnesses and also tamper with the prosecution evidence.

Considering the nature of allegations made against the petitioner and nature of criminal antecedents against him and as Achyuta Swain against whom similar allegations had been made has been released on bail pursuant to order passed by this Court, I am inclined to allow the prayer for bail.

Let the petitioner- Kuma @ Kumar Kandi be released on bail by the learned Court below in seisin over the matter on such terms and conditions as may be deemed fit and proper, including the following conditions.

(i) He shall not indulge in any criminal activity.

(ii) He shall not threaten the prosecution witnesses or tamper with evidence;

(iii) He shall cooperate with the investigation and appear before the IIC, Kakatpur Police Station every alternate Monday between 3.00 p.m. to 5.00 p.m. till completion of investigation.

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

The BLAPL is accordingly allowed.

Urgent certified copy of this order be granted as per rules.

A free copy of this order be handed over to Mr.D.K.Mishra, learned Addl. Government Advocate for onward transmission to the IIC, Kakatpur Police Station for compliance and follow up action.

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