Orissa High Court
Sanjaya Rana vs State Of Odisha ..... Opp. Party on 13 October, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11179 of 2023
Sanjaya Rana ..... Petitioner
Mr. S.K. Dwibedi, Adv.
Vs.
State of Odisha ..... Opp. Party
Mr. S.S. Pradhan, A.G.A.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
13.10.2023 Order No. (Through hybrid mode)
01.
1. This application under Section 439 of Cr.P.C. has been filed in connection with Phiringia P.S. Case No. 135 of 2023 corresponding to C.T. Case No. 550 of 2023 pending in the court of learned S.D.J.M., Phulbani under Sections 147, 148, 341, 323, 324, 325, 452, 435, 436, 395, 332, 353, 307, 506, 120 (B), 201, 109, 149 of IPC read with Sections 25 and 27 of the Arms Act, read with Section 4 of the PDPP Act and read with Section 7 of the Criminal Law Amendment Act.
2. The allegations in brief as per the F.I.R. lodged by one Tapan Kumar Nahak, IIC of Phiringia P.S. is that on 05.08.2023 at about 12 P.M. the villagers of Panga, Sadingia, Bhrungijodi, Nuapadar, Sripalla, Kekringia, Pabingia, Kelapada, Kasinipadar, Katapanga, Majhipada, Kalipanga, Talapada, Uparapada, Tandrigaon, Mala and other nearby villages arrived near Daringbadi Hotel and Indira Page 1 of 6 Gandhi chhak in 3 buses and some autorickshaws under the leadership of (1) Bighnaraj Behera (2) Muna @ Dibyaranjan Kanhar both s/o-Gunduri Kanhar of village Similisahi (3) Rushia Digal of Talapada (4) Kishore Digal (5) Ananta Digal both are of Khajuripda (6) Balakrushna Kanhar, s/o- Pama Kanhar of Pandepada (Malla), (7) Mukunda Kanhar of Kui Samaj Sabhapati, Dimiriguda, (8) Biranchi Mallick of Samiti Sabhya of Ratanga GP, (9) Ajit Sahu, Samiti Sabhya of Balandapada-cum-Vice Chairman of Phiringia block, (10) Bhabani Sankar Kanhar, Nuapadar Sarpanch, (11) Asia Kanhar Brungijodi Sarpanch, (12) Mousumi Kanhar, Samiti Sabhya of Phiringia, (13) Bairangi Kanhar, Samiti Sabhya of Kelapada, (14) Upendra Kanhar of bandadani (Ex ward member), (15) Lasana Kanhar of village Sadingia (Sarpanch), (16) Susanta Kanhar of Panga (Upar Panga Sarpanch), S/o- Misi Kanhar of village Talamalla, (17) Bishnu Kanhar of village Panga (Ex Sarpanch), (18) Jalandhar Kanhar, Sarpanch of Phiringia, (19) Biswanath Digal of Uparapada, (20) Raghupati Kanhar of village Dimiriguda, (21) Basanta Kanhar of Uparapada, (22) Bhudeb Kanhar, both are of Tandrigaon along with their other associates (43 other persons have been named) along with 300 others cut down trees and blocked the State Highway No.-I and obstructed free flow Page 2 of 6 of traffic. When the SDPO and Executive Magistrate along with police staff and force proceeded to dissuade and disperse the mob from blocking the road and asked them to vacate the road and allow free flow of traffic, they put forth their demands that Phiringia police staff were conducting frequent raids and apprehending innocent persons with contraband ganja, which should be immediately stopped. Inspite of being assured that immediate disciplinary action would be taken against the alleged culprits, one but petitioner Bighnaraj Behera took up the microphone and instigated the others saying the assurances were false. He gave a provocative speech for which public gathered at the spot and law and order situation arose. Under the leadership of Bapi @ Biswa Ranjan Kanhar the mob started pelting stones and assaulting the police staff, Executive Magistrate and the SDPO as a result of which the SDPO, Suprasana Mallick, SI Bikas Kumar Jalli and ASI, Srikanta Patra sustained injuries on their persons. The officers were chased by the mob and assaulted. The SDPO fainted and fell down. When the SDPO was being taken to the police station, the mob barged into the police station and damaged govt. property and looted valuable properties like Computers, its accessories, Laptops, LCD, Documents, Exhibits - ganja, seized fire arms, seized motor Page 3 of 6 cycles and also set fire inside the police station building and Malkhana room. The agitators brought out the seized ganja bags kept inside the police station and Malkhana in front of the gate of the police station and set fire to them. They also set fire to the Malkhana properties and the seized vehicles kept inside the campus. Some of the agitators used country made guns to fire at will and later tried to dispose them in the fire. The police staff on duty were forced to take shelter at several places to regroup and resist the unlawful situation. On arrival of more force from head quarter, Kandhamal, the violent agitators started leaving the police station campus but 19 agitators were detained at the spot.
3. The learned Additional Addl. District and Sessions Judge, Phulbani has rejected the prayer for bail of the petitioner and fourteen others by order dated 12.09.2023 passed in BLAPL No. 84 of 2023.
4. Mr. S.K. Dwibedi, learned counsel for the petitioner has submitted that the incident was a reaction against the illegal activities of the staff of Phiringia Police Station who were implicating the villagers in false cases under the NDPS Act, for which the villagers along with their representatives (Sarpanch and Samiti Sabhyas) were protesting against the police action. No Page 4 of 6 specific overt act has been alleged against the petitioner. He submits that some of the persons accused persons in the case (including some who were named in the FIR) had approached this Court in ABLAPL No. 9127 of 2023 (Bharat Kanhar and others vrs. State of Odisha), ABLAPL No. 9445 of 2023 (Mousumi Pradhan @ Kanhar vrs. State of Odisha), ABLAPL No. 9446 of 2023 (Lusana Kanhar vrs. State of Odisha), ABLAPL No. 9447 of 2023 (Rushi Digal vrs. State of Odisha), ABLAPL No. 10494 of 2023 (Bhabani Sankar Kanhar and others vrs. State of Odisha), ABLAPL No. 10496 of 2023 (Dibyaranjan Kanhar vrs. State of Odisha) and this Court has directed for their release on bail on their surrender within a specified period. Co-accused Santosh Bishoi @ Bisoi has been granted bail in BLAPL No. 10732 of 2023 on 05.10.2023. The petitioner is in custody since 05.08.2023 and is prepared to cooperate with the investigation and since he stands on similar if not better footing than the accused who have been directed to be released on bail, his prayer for bail may be sympathetically considered.
5. Mr. S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail submitting that the petitioner has taken active part in the incident in which Government officers were injured and public property was damaged , other accused are yet to Page 5 of 6 be arrested and investigation is still in progress. But he does not dispute that co- accused persons against whom similar allegations have been made and some of whom have been named in the FIR have been released on bail pursuant to orders passed by this Court.
6. Considering the above submissions and the period of detention of the petitioner and as some co-accused persons have been released on bail pursuant to orders passed by this Court, I am inclined to allow the prayer for bail.
7. Let the petitioner Sanjaya Rana 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) He will not commit similar offence.
(ii) He will not threaten or try to influence prosecution witnesses or tamper with evidence.
(iii) He will co-operate with investigation.
8. The BLAPL is accordingly allowed.
Urgent certified copy of this order be granted as per rules. 1.
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(Savitri Ratho) Judge Sukanta Signature Not Verified Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Page 6 of 6 Location: Orissa High Court, Cuttack Date: 14-Oct-2023 18:43:49