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Orissa High Court

Bhagabat Barik @ vs State Of Odisha .... Opposite Party on 20 July, 2023

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      BLAPL No. 6643 of 2023

                 Bhagabat Barik @             ....                Petitioners
                 Bhagayadhar Barik and others
                                          Mr. S.C. Mohapatra, Sr. Advocate

                                              -versus-

             State of Odisha                         ....               Opposite Party
                                                               Mr. K.K. Gaya, ASC

                                 CORAM: JUSTICE V. NARASINGH

                                            ORDER

20.07.2023 Order No.

02. 1. Heard learned senior counsel for the petitioners and learned counsel for the State.

2. Learned senior counsel for the petitioners files a memo stating therein that the case has been committed and numbered as C.T. Case No.177 of 2023 pending on the file of learned Assistant Sessions Judge (Women Court), Jagatsinghpur.

3. The petitioners are accused in connection with C.T. Case No.177 of 2023, pending in the file of learned Assistant Sessions Judge (Women Court), Jagatsinghpur, arising out of Tirtol P.S. Case No.217 of 2023 for alleged commission of offences under Sections 147/148/323/325/307/353/332/333/354/336/294/186/342/506/149 of IPC.

4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jagatsinghpur by order dated 08.06.2023 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted that the petitioners assaulted the police officers while they had gone to arrest the Petitioner No.1 (Bhagabat Barik @ Bhagayadhar Barik).

6. It is submitted by the learned Senior Counsel that the Petitioners are in custody since 06.05.2023 and as charge sheet has already been filed on 04.07.2023 and the case having been committed, further continuance of the petitioners in custody is not warranted.

7. Learned counsel for the State places the statement of two lady police officers who have been injured in the case at hand i.e, one Ms. Susama Muduli and Ms. Nilam Soren.

8. On a close scrutiny of the said statement, it is seen that the overt act is attributed to Petitioner No.4 (Debasis Barik) and the case in which the police personnel had gone to investigate relates to Petitioner No.1 (Bhagabat Barik @ Bhagayadhar Barik).

9. Taking into account the roles played by both the Petitioner Nos.1 and 4 (Bhagabat Barik @ Bhagayadhar Barik and Debasis Barik respectively), this Court is not inclined to entertain their bail application at this stage.

10. Accordingly, the BLAPL of Petitioner Nos.1 and 4 stand rejected.

11. Leave is granted to the Petitioner Nos.1 and 4 (Bhagabat Barik @ Bhagayadhar Barik and Debasis Barik respectively) to renew their prayer before the learned Court in seisin at a later stage.

12. The prayer for bail of Petitioner Nos.2, 3 and 5 (Alekha Prasad Bahalia, Deepak Barik and Prasanna Barik @ Pasa respectively), is allowed in view of the role played by them. Terms to be fixed by the learned Court in seisin subject to verification of criminal antecedent.

13. If it comes to fore that the Petitioner Nos.2, 3 and 5 (Alekha Prasad Bahalia, Deepak Barik and Prasanna Barik @ Pasa respectively) have any criminal antecedent, this order shall stand recalled.

14. Accordingly, the BLAPL stands disposed of.

15. Urgent certified copy of this order be granted as per rules.

Signed by: SANTOSHI LENKA                                                    (V. NARASINGH)
Reason: Authentication
Location: High Court of Orissa                                                    Judge
Date:  22-Jul-2023 13:57:57
   Santoshi




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