Orissa High Court
Ratnakar Swain @ vs State Of Odisha .... Opp. Party on 24 November, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.54 of 2021
1. Ratnakar Swain @
Gouda
2. Manoj Pradhan
3. Ajit Gouda
4. Asthira Gouda @ Athira .... Petitioners
Mr.S.S. Ray(2), Advocate
-versus-
State of Odisha .... Opp. Party
Mr.J.P. Patra,
Addl. Standing Counsel
BLAPL No.59 of 2021
1. Rabindra Gouda @ Rabi
2. Pradeep Bisoyi @Nanda
3. Sambhu Swain @ China
4. Harasa Gouda
.... Petitioners
Mr.S.S. Ray(2), Advocate
-versus-
State of Odisha .... Opp. Party
Mr.J.P. Patra,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.11.2021
03. Both the matters are taken up through Hybrid arrangement (video conferencing/physical mode).
// 2 // Since both the bail applications arise out of one case, with the consent of the learned counsel for both the parties, they are heard together and disposed of by this common order.
Heard learned counsel for the petitioners in both the cases and learned counsel for the State.
Both the applications are under section 439 of Cr.P.C. for grant of bail to the petitioners in connection with Gangapur P.S. Case No.239 of 2020 corresponding to G.R. Case No. 748 of 2020 pending in the Court of learned J.M.F.C., Aska for alleged commission of offences under sections 302, 341, 342, 323/34 of the Indian Penal Code.
The petitioners moved applications for bail before the Court of Addl. Sessions Judge, Aska, which were rejected on 07.12.2020.
Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 24.08.2020 and they have been charge sheeted under sections 148, 294, 323, 324, 341, 506, 307, 427, 302/149 of the Indian Penal Code. It is further submitted that the occurrence in question took place on 19.08.2020 and the deceased is one Ranjan Kumar Nahak and the injured is one Binod Gouda. It is further submitted that the informant Rusi Nahak is the father of the deceased and after hearing about the incident, he lodged the first information report in which the names of the petitioners in BLAPL No. 59 of Page 2 of 5 // 3 // 2021 are not there. It is further submitted that the injured Binod Gouda in his statement before the police has also not implicated the names of the petitioners in BLAPL No. 59 of 2021. Learned counsel further submitted that though in the eye witness account, the names of the petitioners in BLAPL No. 54 of 2021 and others find place and it is stated that they have assaulted not only to the deceased by different weapons, but also to the injured, the post mortem report indicates that the deceased has sustained only three injuries on the head and so far as the injured Binod Gouda is concerned, he has also sustained three injuries, out of which one is grievous, which falsifies the participation of so many persons in the assault of the deceased and the injured as stated by the eye witnesses and therefore, the bail applications may be favourably considered.
Learned counsel for the State, on the other hand, has produced the case diary and opposed the prayer for bail. He placed the statement of the injured Binod Gouda and the post mortem examination report, which reveals that the cause of death of the deceased was on account of intracranial haemorrhage leading to hypovolemic shock.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, the fact that the names of the petitioners Rabindra Gouda @ Rabi, Page 3 of 5 // 4 // Pradeep Bisoyi @ Nanda, Sambhu Swain @ China and Harasa Gouda in BLAPL No. 59 of 2021 do not find place either in the F.I.R. or in the statement of the injured Binod Gouda as assailants of either the deceased or the injured and further taking into account the period of detention of the said petitioners in judicial custody, I am inclined to release the petitioners in BLAPL No. 59 of 2021 on bail.
Let the petitioners in BLAPL No. 59 of 2021, namely, Rabindra Gouda @ Rabi, Pradeep Bisoyi @ Nanda, Sambhu Swain @ China and Harasa Gouda be released on bail in the aforesaid case on furnishing bail bonds of Rs.50,000/-(rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.
So far as the petitioners Ratnakar Swain @ Gouda, Manoj Pradhan, Ajit Gouda and Asthira Gouda @ Athira in BLAPL No. 54 of 2021 are concerned, since they have been specifically named in the first information report and also in the statement of the injured Binod Gouda as assailants of the deceased as well as the injured, I am not inclined to release them on bail. The learned trial Court is directed to expedite the trial and take steps for examination of the material witnesses at the first instance. The petitioners in BLAPL No. 54 of 2021 are at liberty to Page 4 of 5 // 5 // renew their prayer for bail after examination of the material witnesses in the learned trial Court.
Both the BLAPLs are accordingly disposed of. Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo Page 5 of 5