Orissa High Court
Papu @ Sidhartha Samartha vs State Of Odisha ... Opposite Party on 29 April, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1568 of 2024
And
BLAPL No.2922 of 2024 & BLAPL No.1328 of 2024
BLAPL No.1568 of 2024
Papu @ Sidhartha Samartha ...
Petitioner
Mr.Ambika Prasad Ray, Advocate
vs
State of Odisha ... Opposite Party
Mr.S.S.Mohapatra, ASC
BLAPL No.2922 of 2024 ...
Jitendra Pradhan @ Jitu Petitioner
Mr.Tara Prasad Mohapatra,
Advocate
Vs
...
State of Odisha Opposite Party
Mr.M.R.Mishra, ASC
BLAPL No.1328 of 2024
Bharat Pradhan
Petitioner
... Mr.Tara Prasad Mohapatra,
Advocate
Vs
State of Odisha Opposite Party
Mr.M.R.Mishra, ASC
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CORAM:
JUSTICE SAVITRI RATHO
ORDER
29.04.2024 Order No. (Through hybrid mode)
03. 1. Mr.Rakesh Paikray, the injured has appeared through Video Conferencing Mode from Puri Sadar P.S. duly identified by Mr.Bhabagrahi Rout, IIC, Puri Sadar Police Station. He has submitted that he has not fully recovered from the injuries sustained by him and is occasionally experiencing pain his teeth which are broken and in the back of his head for which he is under medication.
2. These applications under Section 439 of Cr.P.C. have been filed for grant of bail to the petitioners in connection with Puri Sadar P.S. Case No.295 of 2023 corresponding to G.R. Case No.599 of 2023, pending in the Court of the learned Nyayadhikari Grama Nyayalaya, Puri where chargesheet dated 18.03.2024 has been filed under Sections 341, 323, 324, 307, 427, 294, 34 of IPC against:-
1. Pabana Pradhan @ Ghuma, 2. Bharat Pradhan, 3. Jitendra Pradhan @ Jitu and 4. Papu @ Sidhartha Samartha keeping the investigation open as co-accused, namely 5. Niranjan Nayak could not be arrested.
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3. These applications have been listed before me as BLAPL No.102 of 2024 filed by the co-accused Pabana Pradhan has been disposed of by me on 08.02.2024.
4. The prayer for bail of the petitioner-Papu @ Sidhartha Samartha in B.A.No.3/1536 of 2024/2023 and co-accused-Bharat Pradhan and Jitendra Pradhan @ Jitu in B.A. No.2/1476 of 2024/2023 has been rejected by the learned 1st Addl. District and Sessions Judge, Puri by a common order on 29.01.2024, when investigation was in progress.
5. The prosecution allegation in brief is that on 22.11.2023, the accused persons had gathered in the farmhouse of co-accused Pabana Pradhan for a feast. Niranjan Nayak who was working as a salesman in the TVS showroom of Pabana Pradhan had brought the injured Rakesh, Dillip, Basanta and Subranshu of Bramhagiri to the feast. While merrymaking was going on due to some misunderstanding there was a quarrel between both the groups (Puri and Brahmagiri) and the co-accused Pabana Pradhan and the present petitioners assaulted the injured - Rakesh, Dillip and Subranshu by means of a katari, iron rod and thenga. Bharat Pradhan assaulted the injured by a bill-hook on his head, Jitendra Pradhan assaulted Rakesh, Subhransu and Dilip with iron rod. Bharat assaulted Dilip Page 3 of 7 with blunt edge of the bill-hook on his back and Papu @ Sidhartha assaulted him with a casuarina stick ( jhhaun baadi) on his face. The injured Rakesh sustained six injuries out of which four were grievous- laceration on left side of the forehead and nose (simple) ; fracture of his nasal bone frontal process , fracture of walls of left maxillary sinus, fracture of medial occipital wall , and fracture of right upper medial incisor tooth .he has to be admitted to AIIMS, Bhubaneswar for treatment. Subhranshu sustained an abrasion on his left knee joint.
6. Mr.A.P.Ray, learned counsel appearing on behalf of the petitioner-Papu @ Sidhartha Samartha in BLAPL No.1568 of 2024 submits that the petitioner is in custody since 24.12.2023 and he has no criminal antecedents. He had gone to picnic as a cook and has been entangled in the case. With the intervention of the village gentry, the matter has been settled between him and the injured Rakesh and the informant Arata Bandhu Paikray - father of the injured. The latter has sworn an affidavit to that effect. As the injured has recovered and investigation of the case is over, the petitioner may be released on bail.
7. Mr.T.P.Mohapatra, learned counsel for Bharat Pradhan the Page 4 of 7 petitioner in BLAPL No.1328 of 2024 and Jitendra Pradhan @ Jitu petitioner in BLAPL No.2922 of 2024 submits that they are in custody since 24.11.2023 and do not have any criminal antecedents. The incident had occurred without any premeditation due to a misunderstanding. As the injured has recovered and discharged from hospital and investigation is over, the petitioners may be released on bail. The petitioners did not have any intention to cause any serious injury to the injured which would be apparent from the allegation that they had assaulted the deceased with a lathi and blunt side of the katuri.
8. Mr.S.S.Mohapatra and Mr.M.R.Mishra the learned Addl. Standing Counsels have opposed the prayer for bail stating that the petitioners have assaulted the injured mercilessly for which he had sustained grievous injuries on his face and head out of which four injuries are grievous in nature. Petitioner Papu @ Siddharth Samartha evaded arrest and could be arrested only after one month after the occurrence. He further submits that in view of the nature of allegations against the petitioners the chances of them further terrorizing the witnesses cannot be ruled out if they are released on bail. He has produced the written instructions of the IIC, Sadar P.S., Page 5 of 7 Puri regarding the present health condition of the injured, where it is stated that he is suffering pain in his teeth and behind his head for which he is still under medication.
9. Considering the genesis of occurrence, the submission that the petitioners do not have any criminal antecedents and as investigation has been completed in the meanwhile and the condition of the injured is stable, I am inclined to allow the prayer for bail of the petitioners, subject to some stringent conditions.
10. The petitioners - Papu @ Sidhartha Samartha (in BLAPL No.1568 of 2024), Jitendra Pradhan @ Jitu (in BLAPL No.2922 of 2024) and Bharat Pradhan (in BLAPL No.1328 of 2024) shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that they do not any criminal antecedents including the following conditions:
(i) They will not indulge in any criminal activity while on bail.
(ii) They will not threaten or try to influence prosecution witnesses while on bail.
(iii) They will appear before the IIC, Sadar P.S., Puri once in Page 6 of 7 two weeks preferably on a Sunday between 4.00 p.m. to 5.00 p.m. for a period of three months or till completion of trial, whichever is earlier.
(iv) They will co-operate with the trial and remain present in the trial Court on each date it if fixed for trial.
11. Violation of any condition will entail in cancellation of bail.
12. The BLAPL is accordingly disposed of.
13. Urgent certified copy of this order be granted on proper application.
14. Copy of this order shall be sent to the IIC Puri Sadar Police Station, by the learned Addl. Standing Counsel.
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(SAVITRI RATHO) JUDGE Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 02-May-2024 18:09:28 Page 7 of 7