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Judgment
Savitri Ratho, J
This application under Section 439 of the Cr.P.C. has been filed in connection with Fategarh P.S. case No. 281 of 2023 corresponding to GR case No. 268 of 2023 pending in the Court of learned J.M.F.C., Bhapur registered under Section 341,323,324,326,379,294,506,354,34 of the IPC.
The prayer for bail of the petitioner has been rejected on 22.12.2023 by the learned Assistant Sessions Judge, Khandapada, in BLAPL No. 115 of 2023, when investigation was in progress.
The prosecution allegation in brief is that the petitioner along with 2 others assaulted Sadasib Samal, husband of the informant and Prakash Samal, brother-in-law of the informant by means of bamboo lathi and iron rod, for which they sustained serious injuries. While Prakash Samal has sustained dislocation of teeth and cut injury on his lips, Sadasib Samal has sustained bleeding injury on his head. It is also alleged that when the informant went to the spot to rescue her husband, the accused persons pulled her clothes, abused her in obscene language and snatched away her gold chain and threatened to kill her.
Ms. P.C. Jena, learned counsel for the petitioner submits that in the meanwhile investigation has been completed and charge sheet dated 13.01.2024 has been filed under Section 294,341,323,324,326,354,506,34 of the IPC. The police has found that the allegation under Section 379 of the IPC is false. He further submits that the petitioner is in custody since 03.12.2023 and as investigation is in over, he may be released on bail.
Mr. S. S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that, it has been alleged that the petitioner along with one Silu @ Bhaskar Majhi have assaulted Sadasib Samal and Prakash Samal. While Sadasib Samal has sustained injury on his head, which has been opined to be simple. Prakash Samal has sustained grievous injuries, as three of his teeth have been broken and there is a cut injury on his lip.
Considering the nature of allegations against the petitioner, the period of detention in custody and as investigation is in progress, I dispose of the bail application without making any observation on merits, permitting the petitioner to move the learned Court below for bail afresh as investigation has been completed in the meanwhile.
The BLAPL is accordingly dismissed.
Urgent certified copy of this order be granted on proper application.
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