Pravat Pradhan vs State of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Dhenkanal Town P.S. Case No.225 of 2020 corresponding to G.R. Case No. 645 of 2020 pending in the file of learned S.D.J.M., Dhenkanal for alleged commission of offences under sections 341/294/323/427/307/506/147/148/364/ 302/149 of the Indian Penal Code.

The prayer for bail of the petitioner has been rejected by the learned Sessions judge, Dhenkanal vide order dated 16.04.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since January 2021 and he has been charge sheeted under sections 341/294/323/427/307/506/147/148/364/302/149 of the Indian Penal Code of the Indian Penal Code and the occurrence in question took place on 14.06.2020 and the F.I.R. was lodged against two co-accused persons namely Sonu and Lipun Sasmal and seven to eight other persons. It is further contended that the petitioner has not named in the F.I.R. and there are eye witnesses to the occurrence namely Sagar @ Chiranjib Biswa, Jagan Biswal and Prakash Biswal and in their initial statements, they have not implicated the petitioner by name to have taken part in the assault of the deceased Chikun @ Satyajit Biswal but in their subsequent statements which were recorded on 20.07.2020, the names of the petitioner and other co-accused persons find place to be the assailants of the deceased. Learned counsel for the petitioner further submitted that one of the co-accused namely Halua @ Brahmananda Sasmal has been directed to be released on bail by this Court in BLAPL No.5883 of 2021 as per the order dated 06.01.2021 so also one Lipun Kumar Sasmal has been released on bail in BLAPL No.8681 of 2020 as per the order dated 20.04.2021 and therefore, the bail application of the petitioner may be favourably considered. Learned counsel for the petitioner has annexed the bail order copies of the co-accused persons with the bail application.

Learned counsel for the State has produced the case diary and submitted that the petitioner is similarly situated like the co-accused Halua @ Brahmananda Sasmal who has been enlarged on bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the fact that the name of the petitioner is not mentioned in the first information report and in the earlier statements of the eye witnesses Sagar @ Chiranjib Biswal, Jagan Biswal and Prakash Biswal and the petitioner has been subsequently implicated in their statements and further taking into account the release of the co-accused Halua @ Brahmananda Sasmal on bail and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

BLAPL is accordingly disposed of.

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

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