Babuna @ Subash Khuntia vs State Of Orissa .... Opposite Party on 30 November, 2023

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Orissa High Court

Babuna @ Subash Khuntia vs State Of Orissa .... Opposite Party on 30 November, 2023

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                    BLAPL No. 11471 of 2023

            Babuna @ Subash Khuntia                ....                  Petitioner
                                                        Mr. P.K. Sahoo, Advocate
                                           -versus-

            State of Orissa                        ....             Opposite Party
                                                         Mr. P.K. Maharaj, A.S.C.

                                    BLAPL No. 11472 of 2023

             Anil Kumar Naik                      ....                   Petitioner
                                                        Mr. P.K. Sahoo, Advocate
                                           -versus-

            State of Odisha                       ....              Opposite Party
                                                        Mr. P.K. Maharaj, A.S.C



                              CORAM: JUSTICE V. NARASINGH
                                          ORDER

30.11.2023 Order No.

03. 1. Since both the matters arise out of Tumusingha P.S. Case No.83 of 2023, they are heard together and disposed of by this common order on the consent of the parties.

2. Heard learned counsel for the petitioners and learned counsel for the State.

3. The petitioners are accused in connection with G.R. Case No.340 of 2023, pending in the Court of learned S.D.J.M., Kamakhyanagar, arising out of Tumusingha P.S. Case No.83 of 2023, for commission of alleged offences under Section 395/387 of IPC read with Section 25(1-B)(a) & 27(1) of the Arms Act.

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4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sess. Judge, Kamakhyanagar by order dated 21.09.2023 in the aforementioned case, the present BLAPL has been filed.

5. It is submitted by the learned counsel that the Petitioners have been remanded in the case at hand on 15.07.2023 and as charge sheet has already been filed on 13.11.2023, he may be released on bail.

6. Learned counsel for the petitioners also relies on the order dated 16.08.2023 passed by this Court in respect of the co-accused, in BLAPL No.6490,6724,6725,6795 of 2023 and seeks release, inter alia, on the ground of parity.

7. Learned counsel for the State opposes the prayer for bail and he placed on record Section 27 statement of the present Petitioners leading to discovery of the ligature alleged to have been used to commit the offence.

8. Learned counsel for the State also further submits that the Petitioner is habitual offender. Hence he is not at par with the other co-accused and his application on the ground of parity ought not to be entertained.

9. So far as the criminal antecedents are concerned, it is fortified by the affidavit filed by the Petitioner indicating that the Petitioner in BLAPL No.11471 of 2023 (Babuna @ Subash Khuntia) has following criminal antecedents.

"i. Kamakhya Nagar P.S. Case No.56 of 2018, u/S 302/34 of IPC read with Section 25 and 27 of Arms Act and under Section 9(B) of the Explosive Act.

ii. Kamakhya Nagar P.S. Case No. 20/2019 under Sections 294, 341, 323, 307 & 506 of I.P.C Page 2 of 4 iii. Parjang P.S. Case No. 157/2020 under Sections 379, 120(B) of I.P.C.

(iv) Kamakhya Nagar P.S. Case No. 180/2021 under Sections 341, 323, 506/34 of I.P.C.

(v) Kamakhya Nagar P.S. Case No. 258/2023 corresponding to G.R. Case No. 479/2023 (CT SS No. 121/2023) under Sections 341, 294, 323, 326, 307, 427/34 I.P.C. read with Section 25/27 Arms Act.

(vi) Kamakhya Nagar P.S. Case No. 200/2023 corresponding to G.R. Case No. 377/2023 under Section 387/34 1.P.C. read with Section 25/27 Arms Act.

(vii) Kamakhya Nagar P.S. Case No. 119/2023 under Section 379/411 I.P.C. read with Section 25/27 Arms Act.

(viii) Kamakhya Nagar P.S. Case No. 275/2023 under Section 395 I.P.C. read with Secton 25/27 Arms Act.

(ix) Kamakhya Nagar P.S. Case No. 395/2022, under Section 435 I.P.C. read with Section 9(B) of I.E. Act."

10. So far as the criminal antecedents are concerned, it is fortified by the affidavit filed by the Petitioner indicating that the Petitioner in BLAPL No.11472 of 2023 (Anil Kumar Naik) has following criminal antecedents:

i. G.R. Case No.479 of 2023 arising out of Kamakhya Nagar P.S. Case No.258 of 2023 registered under Sections 341/294/323/326/307/427 & 34 of IPC read with Section 25 & 27 of Arms Act.

ii. G.R. Case No.377 of 2023 arising out of Kamakhya Nagar P.S. Case No.200 of 2023 registered under Sections 387/34 of IPC read with Section 25 & 27 of Arms Act.

11. Taking into account the statement of the petitioner leading to discovery and the criminal proclivity, this Court is not inclined to entertain the bail application No.11471 of 2023(Babuna @ Subash Khuntia).

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12. Considering the nature of allegation, this Court directs the Petitioner in BLAPL No.11472 of 2023(Prasanta Kumar Sahoo) to be released on such terms to be fixed by the learned Court in seisin.

13. Additionally it is directed that, the petitioner in BLAPL No.11472 of 2023(Prasanta Kumar Sahoo) shall appear before the jurisdictional police station twice a week on such date and time to be fixed by the learned Court in seisin till the conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

14. It shall be open to the prosecution to seek variance of the order in the event there is any threat perception.

15. Accordingly, the BLAPLs stand disposed of.

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

(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Dec-2023 14:32:26 Page 4 of 4

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