Orissa High Court
Samara Bhaj vs State Of Odisha .... Opposite Party on 25 March, 2022
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8022 of 2021
Samara Bhaj .... Petitioner
Ms. M.Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr.G.R.Mohapatra, SC
CORAM:
THE JUSTICE S. K. PANIGRAHI
Order No. ORDER
25.03.2022
04. 1. This matter is taken up by video conferencing mode.
2. Heard, learned counsel for the petitioner and learned counsel for the State.
3. The petitioner being in custody in connection with Mudulipada PS Case No.58 of 2019 corresponding to G.R. Case No.670 of 2019 pending in the court of learned Sub-Divisional Judicial Magistrate, Malkangiri, registered for the alleged commission of offence under Sections 147, 148, 120-B, 341, 342, 323, 325, 354, 395, 397, 398, 457, 426, 427, 429, 435, 506, 149 of IPC to be read with Sec.25 of the Arms act and Sec.17 Criminal Law Amendment, and 18/20 of UAP Act, has filed this application under Section 439 of CrPC for his release on bail.
4. The brief facts of the case is that on 11.10.2019, armed Naxals assaulted the informant by means of lathi and fist-blows. They also dragged three other people out of their houses and tied them. They went into the house of the brother-in-law of the informant and damaged household articles and burnt important papers. Further they distributed the food grains among the villagers and killed his cattles.
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5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated by the police based on suspicion. It is further submitted that the petitioner is a social activists and resident of village Bhajaguda, Malkangiri. The name of the petitioner has not been indicated neither by the informant nor by any other witnesses. No identification parade has been conducted to identify the present petitioner. The petitioner has been languishing in custody since 7th of August, 2020.
6. Per contra, learned counsel for the State failed to file any incriminating documents regarding involvement of the petitioner in commission of the alleged offence.
7. Considering the submissions made, facts and circumstances of the case, it is directed that the petitioner be released on bail with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter in the aforesaid case with further conditions that:-
i) he shall appear before the court below on each date of posting of the case and
ii) he shall not threaten or coerce the informant in any manner and
iii) he shall not tamper with the prosecution evidence in any manner.
8. Violation of any of the conditions shall entail cancellation of the bail.
9. The BLAPL is accordingly disposed of.
(S. K. Panigrahi) Judge Page 2 of 2