Orissa High Court
Niku @ Lokanath Behera And Anr vs State Of Odisha .... Opposite Party on 29 November, 2021
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8757 of 2021
Niku @ Lokanath Behera and Anr. .... Petitioners
Mr. U.C. Jena, Advocate
-Versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM:
MR. JUSTICE R.K. PATTANAIK
Order ORDER
No. 29.11.2021
01. 1. Heard learned counsel for the petitioners and learned
counsel for the State.
2. This is an application under Section 439 of Cr.P.C for grant of bail to the petitioners in connection with Reamal P.S. Case No.172 of 2021 corresponding to C.T. Case No.333 of 2021 pending in the file of learned J.M.F.C., Reamal.
3. Perused the FIR and other documents besides the impugned order dated 21.09.2021.
4. Gone through the contents of the FIR, which is lodged by the complainant alleging therein that the occurrence took place on 04.09.2021 at about 9.30 P.M. and at that time, the petitioner arrived and assaulted his father by means of a knife on account of previous enmity between them and thereafter, the victim was shifted to hospital with bleeding injury on the neck and right thumb finger. In that connection, after Reamal P.S. Case No.172 of 2021 was registered, the petitioners were arrested and forwarded to the court and both are in judicial custody since 06.09.2021.
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5. Learned counsel for the petitioners submits that the injuries received by the victim are simple in nature as revealed from the medical examination report dated 05.09.2021, which is at Annexure-2 and since the incident happened due to previous enmity between the parties and considering the period of detention since the date of arrested, the petitioners should be enlarged on bail with any conditions.
6. Learned counsel for the State contended that the assault was caused by means of a knife, however, fairly admittedly that all the injuries to be simple in nature though one of which is incised wound received by the victim.
7. From the FIR, it appears that the incident happened out of previous enmity between the parties. The petitioners do not appear to have any criminal antecedent as submitted by the learned counsel appearing for them. On perusal of Anenxure-2, it is made to understand that injuries received by the father of the complainant are simple in nature. Having regard to the above facts and the fact that the investigation is over now, as according to the learned counsel for the State, charge sheet is filed in the meantime and period of detention of both the accused persons and referring to the medical examination report of the victim revealing injuries to be simple in nature, the Court is inclined to release the petitioner on bail with conditions. Accordingly, it is ordered.
8. In the result, it is directed that the petitioners be released on bail on furnishing bail bonds of Rs.30,000/-(Rupees thirty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned court below in seisin over the matter with following conditions, such as, they shall not terrorize the // 3 // complainant and his father and cause any harm to the family members of the victim, in any manner whatsoever, while on bail.
9. The BLAPL is disposed of.
10. Urgent certified copy of this order be granted as per rules.
(R.K. Pattanaik) Judge TUDU