Rahul Jena Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Nayapalli P.S. Case No. 524 of 2023 corresponding to C.T.  Case  No.1101  of  2023  in  the  court  of  the  learned  J.M.F.C.-III, Bhubaneswar registered under Sections 431, 294, 324, 307, 34 of IPC against the petitioner, one Basant Nayak and one Asif Khana.

The  prayer  for  bail  of  the  petitioner  has been  rejected  on 18.01.2024 by the learned Sessions Judge, Khurda in BLAPL No. 2445 of  2023   after   considering   the   nature  of   accusation   against   the petitioner, his  pending  criminal antecedents  and  as  investigation was pending.

The allegations in brief is that on 10.11.2023 in the night, when the  informant  was  returning  to  his  house  after  attending  a  birthday party of his friend, in front of OMC Colony Gate, the accused persons came in a bike, abused him in obscene languages and assaulted him on his head by means of a sword and left the spot.

Mr. Brahmananda Tripathy, learned counsel for the petitioner submits that petitioner is in custody since 26.12.2023 and the co-accused has been released on bail pursuant to order dated 04.01.2024 passed in ABLAPL No. 13663 of 2023. He further submits that although it is stated that the petitioner has 3 criminal antecedents, one case has ended in final report. He further submits that investigation in the case has been completed on 15.01.2024.

Ms. S. Mishra, learned Additional Standing Counsel opposes the prayer for bail stating that the rejection order reveals that Omm Prakash Nayak has sustained lacerated injury on his frontal scalp, caused by hard & blunt weapon. She further submits that in view of the fact that the accused persons have assaulted the informant on his head with the sword and as rejection reveals that the investigation is in progress and the petitioner has 3 criminal antecedents, he should not be released on bail

Considering the nature of allegations against the petitioner and the nature of assault on the informant even though the injury is simple in nature, as investigation was in progress when the prayer for bail was rejected and the petitioner has at least 2 criminal antecedents, I am not inclined to release him on bail at this stage.

The BLAPL is accordingly dismissed.

In view of the submission of the learned counsel for the petitioner that investigation has been completed on 15.01.2024, it is open to the petitioner to move the court below for bail afresh.

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

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