Sk. Abdul Raheman @ Laden vs State Of Odisha

Savitri Ratho, J

This is an application under Section 439 of Cr.P.C. in connection with Balipatna P.S. Case No.185 of 2023 corresponding to G.R. Case No.813 of 2023, pending in the file of the learned J.M.F.C. (O), Bhubaneswar under Sections 294, 307, 506/34 of IPC.

The petitioner had moved an application for bail vide B.A. No.1701 of 2023 before the Court of the learned 5th Addl. Sessions Judge, Bhubaneswar, which was rejected on 10.10.2023.

The prosecution allegation in brief is that on 30.05.2023 at about 1.00 p.m. while the son of the informant-Babu Khan was standing at the varendah of his house, the petitioner alongwith others arrived at the spot, quarreled with him on account of previous civil litigation and abused Babu Khan in filthy language and threatened to kill him. The present petitioner dealt a sword blow on Babu Khan causing bleeding injury on his right hand. It has been alleged that although the petitioner was aiming at his neck, but as he raised his right hand, he has sustained injuries on his right hand.

Mr. P.K.Nigam, learned counsel for the petitioner appearing from the Virtual High Court at Bhubaneswar submits that the petitioner is in custody since 30.05.2023 and investigation has been completed and as the injured has sustained simple injury and the petitioner does not have any criminal antecedents, his prayer for bail may be considered sympathetically.

Mr. D.K.Misshra, learned Addl. Government Advocate referring to the rejection order submits that injuries sustained by the injured are grievous in nature.

Considering the submissions of learned counsel for the petitioner that the petitioner has no criminal antecedents, investigation has been completed and the injured has sustained simple injury on his palm, I am inclined to allow the prayer for bail.

Let the petitioner-Sk.Abdul Raheman @ Laden be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification that the injuries sustained by the injured- Babu Khan are simple in nature and that the petitioner does not have any criminal antecedents, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly allowed.

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

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