Santosh Kumar Dash vs State Of Odisha

S. Pujahari, J

The Petitioners apprehending their arrest in Bhuban P.S. Case No.272 of 2020, corresponding to G.R. Case No.255 of 2020, pending in the court of

J.M.F.C., Bhuban registered for alleged commission of offence punishable under Sections 302/32 IPC have filed this petition for their release on pre-

arrest bail.

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

The prosecution allegation would go to show that on 22.09.2020 at about 8 P.M the deceased-Yosabant Pradhan left his house with one Sweta

Pradhan on being called by him. Thereafter, the deceased was allegedly assaulted mercilessly by the petitioners along with other co-accused in front

of the house of petitioner no.2 and then they dropped him in front of his house in a senseless condition, so also they stated to have extended threat to

the wife of the deceased not to lodge the report before the police station. While the deceased was being taken to the Talcher hospital by his wife and

others, on the way as his condition became critical, he was admitted in the nearby hospital i.e. Parjang C.H.C. where the deceased succumbed to the

injuries sustained. Hence, the FIR was lodged on 25.09.2020.

Learned counsel for the petitioners would submit that though allegedly the wife of the deceased stated to have known the incident of assault on her

husband soon after the occurrence, but she did not intimate to the police the incident immediately. Otherwise also, while taking him to the hospital and

admitting him in Parjang C.H.C. she also did not disclose the incident before the doctor. The statement of the doctor would go to show that the wife of

the deceased disclosed before him that her husband had fits and he had attack of fits during his admission. The postmortem report also negatives a

homicidal death. So also, while the case was registered as an U.D. case due to death of the deceased in Parjang C.H.C., the wife of the deceased

also did not disclose that her husband was assaulted by the accused persons, for which he sustained injuries. The F.I.R. was lodged at a belated stage

having enough scope of concoction. Hence, the prosecution allegation against the petitioner being false and concocted one, the petitioners, who are

innocent, deserve to be released on pre-arrest bail, is the submission of the learned counsel for the petitioners.

Learned counsel for the State vehemently opposes the prayer for pre-arrest bail of the petitioners, drawing the notice of the Court to the statement

of the wife, son, daughter and the relation of the deceased recorded by the Police during investigation of the case which reveal the deceased was

mercilessly assaulted by the petitioners soon before his death and sustained injuries. The same being disclosing a case under Section 302/34 IPC

against the petitioners, coupled with the fact that the offence alleged being heinous and serious in nature, they do not deserve to be released on pre-

arrest bail, submits the State counsel.

I have considered the submissions of the parties and perused the materials collected during investigation. The materials on record clearly indicate

the involvement of the petitioners in the alleged crime inasmuch as the deceased before his death disclosed that he was assaulted by the petitioners.

The wife of the deceased had also disclosed that under what circumstances she could not lodge the FIR immediately even if she had come to know

that the deceased was assaulted by the petitioners. Since the materials on record clearly disclose the participation of the petitioners in the commission

of the offence under Section 302 IPC and the offence alleged is heinous and serious in nature, coupled with the fact that the offence provides

stringent punishment on conviction, so also the possibility of the petitioners being released on pre-arrest bail affecting collection of further incriminating

materials on their interrogation being not ruled out, this Court is of the view that the petitioners have not made out a case for their release on pre-arrest

bail.

Accordingly, the pre-arrest bail of the petitioners’ stands rejected and the ABLAPL is disposed of being dismissed.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021.

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