Umesh Chandra Rath vs State Of Odisha

S.S. Mishra, J

The petitioner is an accused in connection with Gosaninuagaon P.S. Case No.322 of 2023 corresponding to G.R. Case No.2570 of 2023 for the offences under Sections 109/ 294/ 307/ 323/ 341/ 379/ 447/506/34 of I.P.C. read with Sections 25 & 27 of the Arms Act pending in the Court of the learned S.D.J.M., Berhampur.

The allegation against the petitioner as per the F.I.R is that on 24.10.2023 at about 6.30 P.M., when the informant was sitting in his verandah, the petitioner along with one Babu being armed with a sword and mouser approached him as per the direction of one Pintu Bhaina and assaulted him by showing the mouser. While the petitioner pointed the mouser at the informant, Babu punched him and tried to throttle the informant and kicked him with the intention to kill him. Due to presence of the local people, the miscreants fled away from the sport after snatching two rings from the informant.

Mr. P.K. Maharaj, learned Additional Standing Counsel submits that as per medical report, there is no external injury on the body of the informant/injured. The petitioner has got two criminal antecedents.

The petitioner had approached the learned Sessions Judge, Gnjam, Berhampur praying for grant of bail. The learned Court below vide its order dated 26.11.2023 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail.

Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court except the present one.

Taking into consideration the period of custody from 01.12.2023, the nature of accusation and the circumstances in which the offence alleged to have been committed, I am inclined to admit the petitioner on bail.

Hence, the petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper subject to the further condition that he shall cooperate with the investigation and he shall not tamper with the evidence in any manner whatsoever. The petitioner shall appear before the I.I.C., Gosaninuagaon Police Station on very Sunday at 10.30 A.M. for six months from the date of his release failing to appear before the Police Station on one occasion, shall entail consideration for cancellation of the bail granted to the petitioner.

Violation of the bail conditions shall entail consideration for cancellation of the bail granted to the petitioner.

The BLAPL is accordingly disposed of.

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