Orissa High Court
Sarat Sahoo vs State Of Odisha .... Opposite Party on 2 September, 2021
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6311 of 2020
1. Sarat Sahoo .... Petitioners
2. Papu @ Manoranjan Sahoo
3. Nata @ Kanhu Charan Sahoo
Mr. P.C. Jena, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.C. Dash, ASC
CORAM:
JUSTICE SAVITRI RATHO
Order No. ORDER
02.09.2021
12. The matter is taken up by hybrid mode.
Heard Mr. P.C. Jena, learned counsel for the petitioners and Mr.
P.C. Dash, learned Additional Standing Counsel.
This is an application under Section 439 Cr.P.C. for grant of bail
to the petitioners, namely, Sarat Sahoo, Papu @ Manoranjan Sahoo and
Nata @ Kanhu Charan Sahoo in connection with Khuntuni P.S. Case
No. 99 of 2020 corresponding to C.T. No. 367 of 2020 pending in the
Court of learned S.D.J.M., Athagarh registered against the petitioners
for commission of offence punishable under Sections 147/148/ 294/ 506/
302/149 of I.P.C.
The petitioners had moved BLAPL No. 196 of 2020 which has
been rejected by the learned Addl. Sessions Judge, Athagarh vide order
dated 17.08.2020.
Learned counsel for the petitioners submits that he does not
want to press the bail application of petitioner No. 1 ,Sarat Sahoo .
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Learned counsel for the petitioners submits that the
petitioners are in custody since 26.07.2020 . He further submits that
there was a free fight between family members of the petitioners and
the informants group , for which , Khuntani P.S. Case No. 100 of 2020
has been registered against the informants group for commission of
offences punishable under Sections 447,323,426,354-B,336,435,34 of
the I.P.C on the report of Petitioner No. 1 Sarat Sahoo. He further
submits that in the present case, only five injuries were detected on the
deceased but almost all the family members of the petitioners have been
arrayed as accused including women and a juvenile and some of the co-
accused persons have been released on bail by this Court in BLAPL
No. 1909 of 2021 , BLAPL No. 6061 of 2020, BLAPL No. 7214 of
2020 and CRLREV No. 393 of 2020 and Petitioners No 2 and 3 stand on
the same footing as them.
Mr. P.C. Dash, learned Additional Standing Counsel opposes the
prayer for bail submitting that Petitioner No. 1 has assaulted and
deceased and Petitioner No 2 and 3 are his sons and they taken an active
part in the occurrence . He further submits that in a pre planned manner
armed with various weapons, all the accused persons have assaulted the
deceased and therefore a case under Sections 302/149 of I.P.C. and other
offences is made out against them for which they should not be released
on bail. He placed the statements of witnesses Gayatri Rout , Gangadhar
Rout, Bharat Raut , Jayanta Rout, Bharat Rout and others.
From the statements of the witnesses , it is apparent that they have
made specific allegations against Petitioner No 1 , but omnibus
allegations against Petitioners No 2 and 3 . They have specifically
stated that one Basanta Sahoo has assaulted the deceased Gayadhar by a
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"Farsa" on his head while Sarat and Susant have assaulted him with
"Tangia" and "Sabala". Four corresponding external injuries were
detected on the deceased.
Considering the submissions of the learned counsel for the parties,
nature of allegations against Petitioners No 2 and 3, period of their
detention and release of some of the co accused standing on similar
footing on bail, I am inclined to allow the prayer for bail of Petitioner
No 2 Papu @ Manoranjan Sahoo and Petitioner No 3 Nata @ Kanhu
Charan Sahoo . Prayer for bail of petitioner No 1 Sarat Sahoo is
dismissed as not pressed .
Let Petitioner No 2 Papu @ Manoranjan Sahoo and Petitioner No
3 Nata @ Kanhu Charan Sahoo be released on bail on such terms and
conditions as deemed just and proper by the learned Court in seisin over
the matter, including the following conditions:
1. They will not threaten or attempt to influence the witnesses, and
2. They will appear on each date fixed for trial.
The BLAPL is accordingly disposed of.
Urgent certified copy be granted on proper application.
..........................
Savitri Ratho (Judge) Puspa Page 3 of 3