Subhasis Pradhan @ Malinga Vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Bharatpur P.S. Case No.474 of 2024 corresponding to C.T. Case No.1482 of 2023, pending in the file of the learned J.M.F.C.-V, Bhubaneswar under Sections 294, 307, 324, 341, 379, 427, 452, 506, 34 of IPC against the petitioner and one Ananta Prasad Samantaray, Jagan Badajena, Udit Narayan Pradhan, Nihar Ranjan Behera, Smruti Ranjan, Dibya Singh Mrutunjaya, Chintua, Rajkumar Nayak and others.

The prayer for bail of the petitioner had been rejected on 16.01.2024 by the learned 3rd Addl. Sessions Judge, Bhubaneswar in B.A. No.2275 of 2023 observing that investigation was in progress.

The prosecution allegation in brief is that on 25/26.10.2023 in between 11.30 p.m. to 12.15 a.m., while the informant alongwith his brother-Sajan Samanwaya was present at his hotel at C-10, BHB Colony, Baramunda, 10 – 15 persons entered into the hotel armed with deadly weapons by breaking the gate. They had covered their faces with mask by using obscene language. On hearing the shout, the informant and his brother opened the hotel room and came outside. The petitioner alongwith others, namely, Anant Prasad Samantaray @ Silua and Jagan Badajena assaulted his brother Sajan by sword. When he protested, the other accused persons, namely, Udit Narayan Pradhan, Nihar Ranjan Behera, Smruti Ranjan Jagdev @ Rocky, Dibyasingh Mrutyunjay @ Chintua pushed him, as a result he fell down on the floor. Thereafter they assaulted his brother with intention to kill him. The other associates, namely, Gunda @ Rajkumar, Rashmi Ranjan Sahoo and 5 – 10 other antisocial damaged his hotel accessories and took away his CCTV. They also damaged his mobile phone and KTM bike. The informant called the ambulance and shifted his brother to SUM hospital for treatment and he was found to have sustained grievous injuries. During investigation, it is revealed that the incident is an outcome of the dispute between two groups of one party and this incident was the result of an incident which had been taken place on 24.01.2023.

Mr.S.Paikray, learned counsel for the petitioner submits that the petitioner is in custody since 26.11.2023 and in the meanwhile investigation has progressed considerably for which the petitioner may be released on bail and although it is stated that the petitioner has five criminal antecedents, he has been released on bail in all those cases.

Mr.D.K.Mishra, learned Addl. Government Advocate opposes the prayer for bail stating that the injured has sustained grievous injury and as investigation is still in progress and the petitioner has five criminal antecedents, he should not be released on bail as there are chances of his committing further crime after he is released on bail.

Considering the nature of allegations against the petitioner, existence of criminal antecedents and as investigation is in progress, I am not inclined to release the petitioner on bail at this stage.

The BLAPL is accordingly dismissed.

It is open for 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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