Pinu @ Sipun Sahoo Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Kankadahad P.S. Case No. 215 of 2023 corresponding to G.R. Case No. 969 of 2023 pending in the court of the learned S.D.J.M., Kamakhyanagar registered for commission of the offences punishable under Section 399, 402 of the of IPC, read with Section 3 & 4 of Explosive Substance Act against the petitioner and 6 others. Charge sheet dated 20.01.2024 has been filed, keeping investigation open against seven persons including the present petitioner under Section 399, 402 of the of IPC, read with Section 3 & 4 of Explosive Substance Act.

The prayer for bail of the petitioner has been rejected on 26. 12.2023 by the learned Additional Sessions Judge, Kamakhyanagar in BLAPL No. 297 of 2023.

The prosecution case in brief against the petitioners is that on 21. 11.2023, at about 10.00 p.m., the ASI of Kankadahad police station while performing patrolling duty, at about 2 a.m., detected the petitioner and the other accused persons sitting inside the bus stoppage in candlelight and gossiping among themselves. They surrounded the accused persons. On interrogation they confessed that they had come to the spot for committing dacoity at Birasal and its nearby villages. On search police found two packets of chilly powder, two bill hooks, five hand bombs and one lighter gun kept inside a Ciaz car bearing registration. No. OD-02-X-3612 and one pulsar motorcycle bearing registration. No. OD-05-BC-4048 and these are seized. They also confessed that they were previously involved in series of robbery/dacoity cases under Dhenkanal Sadar PS, Balimi PS of Dhenkanal district and Kanpur PS, Tigiria PS and Athagarh police stations under Cuttack (R) police district. After the IIC, Kankadahad PS was intimated to send some additional police personnel to the spot. At 4.10 a.m., after arrival of more police men arrived at the spot and the FIR was drawn up at the spot. It was sent to the police station for formal registration of FIR and the petitioners were arrested.

Mr. P. Panigrahi, learned counsel for the petitioner submits that the petitioner is in custody since 22.11.2023 and although the petitioner did not have any criminal antecedents, but after arrest in the case, he has been shown to be an accused in Dhenkanal Sadar PS case No. 856 of 2023 registered for commission of offence under Section 394 of IPC and 25, 27 of Arms Act against unknown persons and Dhenkanal Sadar PS Case No. 955 of 2023 dated 15.11.2023, registered for commission of offence under Section 461, 380 of the IPC against unknown persons. An affidavit has been filed by one Naba Kishore Sahoo, father of the petitioner stating that till date the petitioner has not been remanded in the two cases, although he is in jail custody in Kamakhyanagar jail. He further states that co-accused Sankar Sethy has been granted bail by this Court on 11.01.2024 in BLAPL No. 93 of 2024. He also submits that nothing incriminating has been seized from the petitioner.

Mr. S. S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that in view of the criminal antecedents of the petitioner, he does not deserve to be released on bail. He further submits that co-accused Sankar Sethy had been granted bail, considering that he is aged about 18 years and did not have any criminal antecedents, but case diary reveals that he is involved in Dhenkanal Sadar PS case No. 914 of 2023, registered under Section 461, 380 of the IPC.

Considering the nature of allegations against the petitioner and as investigation has been completed so far as the petitioner is concerned, and the submission of learned counsel that although it was shown in the case diary that the petitioner has two criminal antecedents, but he has not been remanded in the two cases, I am inclined to release the petitioners on bail.

The petitioner Pinu @ Sipun Sahoo shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that the petitioner has no other criminal antecedents.

The BLAPL is accordingly disposed of.

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

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