Orissa High Court
Daktar Banchhor vs State Of Odisha .... Opposite Party on 17 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5600 of 2023
Daktar Banchhor .... Petitioner
Mr. A.P. Bose, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
BLAPL No. 5649 of 2023
Chandrakanta Banchhor .... Petitioner
Mr. A.P. Bose, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
BLAPL No. 5731 of 2023
Artabandhu Banchhor .... Petitioner
Mr. A.P. Bose, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. T.K. Praharaj, SC
CORAM: JUSTICE V. NARASINGH
ORDER
17.08.2023 Order No.
04. 1. Since all the three BLAPLs relate to the same P.S. Case (Bhatli P.S. Case No.269 of 2022) (in the Court of the learned Page 1 of 4 Additional District and Sessions Judge, Bargarh), they are heard together on the consent of the parties and are being disposed of by this common order.
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with C.T. Case No.1621 of 2022, pending in the Court of the learned Additional District and Sessions Judge, Bargarh, arising out of Bhatli P.S. Case No.269 of 2022for alleged commission of offences under Sections 302/34 of IPC.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Bargarh, by order dated 01.05.2023 in the aforementioned cases, the present BLAPLs have been filed.
5. It is stated by the learned counsel that the petitioners are in custody since 14.12.2022 and charge sheet has been filed on 03.01.2023.
6. It is stated that the FIR case is based on circumstantial evidence and the materials on record do not in any way throw light on the complicity of the petitioners. Hence, their further continuance in custody is unwarranted.
7. Learned counsel for the State opposes the prayer for bail and submits that there are statements on record, which indicate the motive for doing away with the life of the deceased who admittedly is a history sheeter.
8. And, in this context, learned counsel for the State relied on the statement of one Budhadeb Das-CSW No.13 and it is on record that pursuant to the statement recorded under Section 27 of the Page 2 of 4 Evidence Act at the instance of the petitioner in BLAPL No.5731 of 2023 (Artabandhu Banchhor), the weapon of offence which was allegedly used for the commission of offence was discovered.
9. This Court also perused the statements of the witnesses Sukanta @ Srikanta Behera and Banabas Mahapatra recorded under Section 164 C.P.C.
10. On an analysis of the materials on record, this Court persuaded to hold that so far as the accusation is concerned that is prima facie against the petitioner in BLAPL No.5731 of 2023 (Artabandhu Banchhor), at whose instance the weapon of offence was recovered and the motive has been clearly spelt out from the statement of Budhadeb Das-CSW No.13 and that of the father of the deceased, Loknath Bhoi-CSW No.20.
11. Considering the same, this Court is not inclined to entertain the bail application of the petitioner in BLAPL No.5731 of 2023 (Artabandhu Banchhor). Accordingly, the BLAPL No.5731 of 2023 in respect of Artabandhu Banchhor stands rejected.
12. Keeping in view the manner of implication of the other two accused in BLAPL Nos.5600 & 5649 of 2023 (Daktar Banchhor and Chandrakanta Banchhor), this Court directs the petitioners (Daktar Banchhor and Chandrakanta Banchhor) to be released on bail on such terms to be fixed by the learned Court in seisin.
13. Additionally, it is directed that the petitioners in BLAPL Nos.5600 & 5649 of 2023 (Daktar Banchhor and Chandrakanta Banchhor) shall appear before the jurisdictional police station once every two weeks on such date and time to fixed by the learned Court in seisin till conclusion of trial.
Page 3 of 414. It is further directed that the petitioners in BLAPL Nos.5600 & 5649 of 2023 (Daktar Banchhor and Chandrakanta Banchhor) shall not in any way try to intimidate the informant and/or his family.
15. It shall be open to the informant and/or his family to seek variance of this order, in case there is any threat perception.
16. Accordingly, the BLAPLs stand disposed of.
17. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge Ayesha Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 18-Aug-2023 19:49:53 Page 4 of 4