Orissa High Court
Rajesh Nayak vs State Of Odisha ..... Opposite Party on 18 October, 2023
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11772 of 2023
1. Rajesh Nayak
2.Bighneswar Kanhar
3.Arakhita Kanhar
4.Udhaba Kanhar
5.Ananta Kanhar
6.Jagannath Kanhar
7.Keshab Kanhar
8.Madhaba Kanhar
9.Dangara Kanhar
10.Lada Kanhar @ Lad @
Kanhar
11.Gupteswar Kanhar
12.Gundana Kanhar ..... Petitioners
Mr.A.R.Panda, Advocate
Vs.
State of Odisha ..... Opposite Party
Mr. D.K.Mishra, AGA
CORAM:
JUSTICE SAVITRI RATHO
ORDER
18.10.2023 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, Page 1 of 6 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 Gandhi chhak in 3 buses and some autorickshaws under the leadership of (1) Bapi @ Biswaranjan Kanhar (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 Page 2 of 6 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 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. In spite of being assured that immediate disciplinary action would be taken against the alleged culprits, one 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 Page 3 of 6 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 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 other 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 Sessions Judge- cum- Special Judge, Phulbani, Kandhamal has rejected the prayer for bail of the petitioners and three others by order dated 12.09.2023 passed in Page 4 of 6 BLAPL No. 84 of 2023.
4. Mr. A.R.Panda, learned counsel for the petitioners has submitted that the incident was a reaction against the illegal activities against the illegal activities of the staff of Phiringia Police Station for which the villagers along with their representatives (Sarpanch and Samiti Sabhyas) were protesting against the police action. No specific overt act has been alleged against the petitioners. He submits that some of the persons who have been named in the F.I.R. 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 allowed directed for their release of bail on their surrender. The prayer for bail of co-accused, Santosh Bisoi @ Bisoi has been allowed by this Court in BLAPL No.10732 of 2023 and Sanjay Rana in BLAPL No.11179 of 2023. The petitioners are in custody since 10.08.2023. Since they stand on similar if not better footing as the accused who have been Page 5 of 6 released on bail, their prayer for bail may be sympathetically considered.
5. Mr. D.K.Mishra, learned Additional Government Advocate submits that the petitioners have taken active part in the incident and as investigation is still in progress, the petitioners should not be released on bail.
6. Considering the above submissions and the period of detention of the petitioners and as some other accused persons have been released on bail, I am inclined to allow this application for bail.
7. Let the petitioners 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) They will not commit similar offence.
(ii) They will not threaten or try to influence prosecution witnesses or tamper with evidence.
(iii) They will co-operate with the investigation.
8. The BLAPL is accordingly allowed.
Urgent certified copy of this order be granted as per rules. Bichi Signature Not Verified Digitally Signed ..............................
Signed by: BICHITRANANDA SAHOO Designation: Personal Assistant (SAVITRI RATHO) Reason: Authentication Location: Orissa High Court JUDGE Date: 19-Oct-2023 22:00:03 Page 6 of 6