Orissa High Court
Kedar Bhosagar And vs State Of Odisha on 8 March, 2021
Author: Savitri Ratho
Bench: Savitri Ratho
BLAPL No.7490 of 2020
1. Kedar Bhosagar and
2. Jayabanta Bag .... Petitioners
-Vrs-
State of Odisha .... Opp. Party
05. 08.03.2021 I have heard Mr. Sarat Kumar Jena, learned counsel
for the petitioners and Sk. Zafarulla, learned Additional
Standing Counsel for the State through video conferencing
mode.
This is an application under Section 439 of Cr.P.C. for
grant of bail to the petitioners-Kedar Bhosagar and Jayabanta
Bag in connection with Bargarh Town P.S. Case No.225 of
2020 corresponding to C.T. Case No.621 of 2020 pending in
the Court of the learned S.D.J.M., Bargarh registered for
commission of offences under Section 302/34 of I.P.C.
The petitioners had moved an application for bail
before the court of learned Sessions Judge, Bargarh which was
rejected on 15.09.2020.
The prosecution allegations in brief are that on
26.06.2020 at about 8.30 P.M., the deceased Suraj Saha was
going on his motorcycle with one Pintu Budek. At Pradhanpali
Chowk, some mud was splattered from their motorcycle on
two persons who were coming on another motorcycle. There
was exchange of hot words between them. The person on
whom mud had fallen, called his friends over mobile phone and
deceased also called his friends. Some youths arrived in a
motorcycle and in a car and assaulted the deceased and one
from among them took out a knife and stabbed the deceased
and when Pintu Budek tried to stop him, he was also stabbed
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and he left the spot. Thereafter the informant - Suresh Shah,
Sushanta Bibhar Narayan Sikka and Shyam Suna reached the
spot. With the help of accused Tapan Bhosagar they took the
deceased to Kishori Nursing Home from where he was referred
to VIMSAR Burla where he expired. FIR was registered against
unknown persons under Section 302/34 on the information of
Suresh Saha, brother of the deceased.
Learned counsel for the petitioner referring to the
statement of injured eye witness Pintu Budek stated that
initially, the petitioners were not present at the spot and
arrived later and there is no specific allegation that they
assaulted the deceased. The petitioners were not aware that
the co accused Pravat Kaushal had a knife in his pocket and
the petitioners have helped to the informant take his brother-
the deceased to the hospital. He further stated that the
petitioners are in jail custody since 06.07.2020 and charge
sheet has been submitted and that the four cases stated to be
pending against the petitioner No.1, all are Magistrate triable
offences and he has been released on bail in all the cases and
his father has filed an affidavit to that effect and Petitioner
No.2 has no criminal antecedents.
Learned counsel for the State opposed the prayer for
bail stating that the petitioners and co accused Pravat Kaushal
came to the spot together and all of them have assaulted the
deceased. Witnesses have mentioned that one Tapan helped
them take the deceased to hospital and names of the
petitioners have not been mentioned. Petitioner No.1 has four
criminal antecedents. He further states that preliminary
chargesheet has been submitted against the petitioners and
three others keeping the investigation open and five accused
have been shown as absconders as they could not be arrested.
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She however admits that T.I. parade has not been held and
cause of death is due to sharp cutting injury.
Taking into consideration the nature of allegations
against the petitioners, the period of detention of the
petitioners in judicial custody, the specific allegation against
co-accused Pravat Kaushal of stabbing the deceased with a
knife he took out from his pocket and the cause of death, I am
inclined to allow the prayer of the petitioners for bail.
Let the petitioners-Kedar Bhosagar and Jayabanta
Bag be released on bail on such terms and conditions as may
be fixed by the learned Court below in seisin over the matter,
including the following conditions:
(i) Petitioner No 1 Kedar Bhosagar will appear before
the Bargarh Town Police Station once on every
Sunday between 5.00 pm to 8.00 pm for a period
Rohit
of six months.
(ii) The petitioners will not indulge in any
criminal activity while on bail.
The petitioners will not threaten or try to
influence prosecution witnesses while on bail.
Violation of any condition will result in cancellation of
bail.
Copy of this order be sent to the I.I.C Bargarh Town
Police Station for ensuring compliance.
Urgent certified copy of the order be granted on proper
application.
..........................
Savitri Ratho, J.
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