Sekh Nesar Vs State Of Odisha

Savitri Ratho, J

Heard Mr. A. Mohanty, learned counsel for the petitioner and Mr. S.S. Mohapatra, learned Addl. Government Advocate for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Champua P.S. Case No. 41 of 2023 corresponding to G.R. Case No.111 of 2023 pending in the Court of the learned S.D.J.M., Champua under Section 395 of IPC.

The prayer for bail of the petitioner has been rejected vide order dated 06.11.2023 by the learned Addl. Sessions Judge, Champua.

The prosecution allegation in brief is that on the night of 21.03.2023 at about 11.30 p.m., the informant who is a driver of the 10 wheeler truck bearing Registration No. OD-09-G-1828 was returning after unloading iron ore at Basantapur and had parked the truck and had gone to attend the call of nature, five to six persons came in a Bolero vehicle and on the point of Bhujali threatened him and tied him and his helper with a Gamuchha and drove away the hywa. Three of the accused persons took the informant and he helper in the Bolero towards Basudevpur –Ramchandrapur jungle and left them tied up in the jungle. The informant managed to escape from the jungle and informed the owner about the incident and the FIR was lodged on the next day.

The petitioner who was arrested in Champua P.S. Case No. 80 of 2023 has been remanded in this case and is in custody since 24.08.2023.

Mr. A. Mohanty, learned counsel for the petitioner submits that after the petitioner was arrested in Champua P.S. Case No. 80 of 2023, the police has entangled him in four other cases including the present case. He further submits that as the substantial part of the investigation is over, the prayer for bail may be sympathetically considered.

Mr. S.S. Mohapatra, learned Addl. Government Advocate for the State opposes the prayer for bail stating that the petitioner is involved in (i) Champua P.S. Case No. 14 of 2023 under Sections 395, 364-A, 411 of IPC and Sections 25 and 27 of the Arms Act, (ii) Joda P.S. Case No. 294 of 2022 under Sections 395, 397 of IPC and Section 25 of the Arms Act, (iii) Joda P.S. Case No. 8 of 2023 under Section 395 of IPC and Sections 25 and 27 of the Arms Act and (iv) Joda P.S. Case No. 101 of 2023 under Sections 399, 402 of IPC and Sections 25 and 27 of the Arms Act which involve similar offences. As he is a habitual offender, he does not deserve to be released on bail especially when investigation is still in progress.

Considering the criminal antecedents of the petitioner, manner of commission of the crime and as investigation is in progress, I am not inclined to entertain the prayer for bail at this stage.

The BLAPL is dismissed.

It is open to the petitioner to move for bail afresh after completion of investigation.

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

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