Orissa High Court
K. Cheneya vs State Of Orissa ..... Opposite Party on 17 October, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10790 of 2023
K. Cheneya ..... Petitioner
Mr. Debasis Sarangi, Advocate
Vs.
State of Orissa ..... Opposite Party
Mr. S.S. Pradhan, AGA
CORAM:
JUSTICE SAVITRI RATHO
Order No. ORDER
17.10.2023
03. (Through hybrid mode)
1.This application under Section 439 of Cr.P.C. has been filed in connection with Jarada P.S. Case No. 242 of 2023 corresponding to G.R. Case No. 375 of 2023 pending in the Court of the learned J.M.F.C., Patrapur under Sections 147, 148, 341, 294, 506, 323, 324, 325, 326, 307,149 of IPC read with Section 27 of the Arms Act.
2. The prosecution allegations in brief against the petitioner are that on 18.03.2023 at about 9 P.M. when the informant K. Dilesu, along with K. Sundar Rao, S/O of K. Chenneya and K. Dharma Reddy were returning to the village Khambarigaon on a bike some of the accused persons, namely P. Nokeya, P. Sesagiri and K. Dinabandhu, petitioners in BLAPL No. 11583 of 2023 and K. Chenneya, S/o- K. Khageya, petitioner in BLAPL No. 10790 of 2023 attacked the informant and K. Sundar Rao with deadly weapons. As a result K. Sundar Rao sustained grievous injuries on his arms and legs and was treated at Patrapur PHC and thereafter to MKCG Medical College and Hospital, Berhampur and referred to SCB Medical College and Hospital, Cuttack.
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3. Mr. Debasis Sarangi, learned counsel for the petitioner submits that the petitioner is in custody since 26.07.2023 and the investigation is over but as the injured is deliberately avoiding to appear before the Police for his examination under Section 161 Cr.P.C. in spite of being discharged from SCB Medical College and Hospital, Cuttack on the plea that he is undergoing further treatment at Vizag, the Police has been unable to complete the investigation. He further submits that co-accused, K. Krishna standing on similar footing has been granted bail in ABLAPL No. 10434 of 2023 and some other co-accused persons have been granted bail by this Court in BLAPL No. 10792 of 2023 .
4. In view of the submissions of Mr. Debasis Sarangi, learned counsel for the petitioner that the injured was deliberately avoiding to appear before the Police to get his statement recorded in spite of being discharged from Hospital, Mr. S.S. Pradhan, learned Additional Government Advocate had been directed to get up-to-date case diary and the statement of the injured along with supporting documents regarding his treatment if any at Vizag. Again on 13.10.2023, an adjournment had been granted to the learned State Counsel for the same purpose. Today when this BLAPL and BLAPL No. 11583 of 2023 are taken up, Mr. S.S. Pradhan, learned Additional Government Advocate produces the letter dated 16.10.2023 of the Sub-Inspector of Police, Jarada Police Station where background of the occurrence has been stated and it has been further stated that "after several contact with the family members for recording of statement under Section Page 2 of 4 // 3 // 161 of Cr.P.C. and 164 of Cr.P.C. by the Judicial Magistrate of injured K. Sundar Rao. But the family members are not cooperating with us and they did not disclosed where about of the undergoing treatment of injured. When we contacted with them they every time saying that the condition of the injured is serious and till now he is unable to speak properly. The statement of the injured will be recorded after recovery. The L/O situation is still continuing at village Babanpur and now two section of force has been deployed in order to avoid any further breach of peace in the village". The letter is taken on record in BLAPL No. 11583 of 2023 filed by the co-accused.
5. Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that in view of the enmity between the two groups, the chances of breach of law and order cannot be ruled out if the petitioner who has assaulted the deceased and other concerned are released on bail.
6. Considering the submission of the counsels, the period of detention of the petitioner, the nature of the injuries on the injured K. Sundar Rao who has been discharged from SCB Medical College and Hospital, Cuttack, I am inclined to allow the prayer for bail.
7. Let the petitioner-K. Cheneya 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:
1. He will not commit similar offences while on bail. Page 3 of 4
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2. He will report before the Jarada Police Station on every day Monday between 3.00 P.M. to 5.00 P.M. till submission of chargesheet.
3. He will not try to influence or threaten the prosecution witnesses or tamper with evidence.
Violation of any condition will entail in cancellation of bail/ recall of this order.
6. No observation in this order will influence the learned trial court as they have been made for the purpose of consideration of the prayer for bail.
7. The BLAPL is accordingly allowed.
8. Urgent certified copy of this order be granted as per rules.
(Savitri Ratho) Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 19-Oct-2023 16:10:27 Page 4 of 4