Prasanta Kumar Rout vs State Of Odisha .... Opposite Party on 10 June, 2021

[Cites 10, Cited by 1]

Orissa High Court

Prasanta Kumar Rout vs State Of Odisha .... Opposite Party on 10 June, 2021

Bench: S. K. Panigrahi

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             BLAPL No. 1699 of 2021

            Prasanta Kumar Rout                    ....           Petitioner
                                                   Mr. N. Biswal, Advocate
                                        -versus-
            State of Odisha                     ....       Opposite Party
                        Mr. S. S. Mohapatra, Additional Standing Counsel

                       CORAM:
                       JUSTICE S. K. PANIGRAHI

Order No.                               ORDER
                                      10.06.2021

03. 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 is in custody in connection with Madhupatna PS Case No. 22 of 2021 corresponding to GR Case No. 145 of 2021, pending in the court of the learned JMFC, Cuttack, registered for the alleged commission of offence under Section 294, 354-A, 323, 324, 307, 325, 379 and 506/34 of the IPC, has filed this application under Section 439 of CrPC for his release on bail.

4. The prosecution allegation, in short, was that the informant lodged an FIR alleging therein that while she was in her house, one Chakradhar Jena who is her neighbor abused her and her family members in obscene language. When the informant opposed, one Sudarsan Jena came and abused her and her family members in filthy language. Thereafter, the informant called her husband, son and brother-in-law. By that time, both the sons of Pitambar Rout and Bachana Jena came and assaulted her brother-in-law with a bamboo lathi, for // 2 // which the brother-in-law of the informant, sustained severe bleeding injury on his head. The injured became unconscious. The accused persons assaulted the son of the informant causing fracture of both his hands. The accused also assaulted the husband of the informant causing severe injuries. The accused persons took away gold chain of the informant weighting about 2 bhari and also snatched away their powder coating machine. The accused persons threatened the victims to kill them by pouring petrol, if they would report the matter to the police.

5. Learned counsel for the petitioner submits that the charge-sheet has already been submitted. There is no Criminal Antecedents against the petitioner. He further submitted that the present petitioner was only present at the spot to subside the matter. The petitioner has been in custody since 05.02.2021.

6. Learned counsel for the State vehemently opposed the bail prayer of the petitioner.

7. Considering the submissions made, facts and circumstances of the case and, it is directed that the petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with conditions that:-

i) the petitioner shall appear before the trial court on each date of posting of case;

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.

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8. Violation of any of the conditions shall entail cancellation of the bail.

9. The BLAPL is accordingly disposed of.

10. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March 2020.

(S. K. Panigrahi) Judge AKP Page 3 of 3

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