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Orissa High Court

Kuna Behera vs State Of Odisha ... Opposite Party on 12 September, 2023

Author: G. Satapathy

Bench: G. Satapathy

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                         BLAPL No. 7878 of 2023

      Kuna Behera                               ...        Petitioner
                                         Mr. K. Pattanaik, Advocate
                                 -versus-
      State of Odisha                           ...    Opposite Party
                                                Mr. R.B. Mishra, AGA

                                CORAM:
                         JUSTICE G. SATAPATHY

                                 ORDER(ORAL)

12.09.2023 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with G.R. Case No. 35 of 2023, arising out of Baramba P.S. Case No. 27 of 2023 pending in the file of learned J.M.F.C., Baramba for commission of offences punishable under 342/323/363/307/506/34 of the IPC, on the main allegation of kidnapping, confining and assaulting the injured Rajkishore Pradhan to take away his life and threatening him, along with other co-accused officials by taking the injured into custody for interrogation in an elephant poaching case.

3. Heard, Mr. K. Pattanaik, learned counsel for the petitioner and Mr. R.B. Mishra, learned AGA in the present matter and perused the record.

4. Mr. R.B. Mishra, learned AGA by producing the written instruction received from Baramba P.S. submits that the petitioner and other Forest officials took the injured and two others into custody for a sustained interrogation on the allegation of elephant poaching and in the course of such interrogation, the petitioner and other officials exceeded their jurisdiction and assaulted the present injured and two others leading to death of one Dhaneswar Behera and injuring the present victim Biranchi Jani and another Rajkishore Pradhan. Mr. R.B. Mishra, learned AGA accordingly, prays to reject the bail application of the petitioner.

5. A perusal of the rejection order of the petitioner passed by the learned Addl. Sessions Judge, Athagarh would go to reveal that for the self same incident, three F.I.Rs have been registered against the petitioner and others in three different cases and the cases are right now pending before the learned J.M.F.C., Baramba. The report also discloses that in the incident, one Dhaneswar Behera died and one Biranchi Jani was injured along with the present injured namely Rajkishore Pradhan by the alleged assault of the petitioner and others.

6. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the Page 2 of 4 pre-trial detention of the petitioner in custody and his status as a Government Employee being a Forest Guard and taking into account the other circumstance on record in entirety, this Court admits the petitioner to bail.

7. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on Sunday in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody.

The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

8. Accordingly, the BLAPL stands disposed of.

9. Urgent certified copy of the order be granted on proper application.

(G. Satapathy) Judge S. Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Reason: Authentication Location: High Court of Orissa Date: 13-Sep-2023 13:52:24 Page 4 of 4