Orissa High Court
Biswajit @ Ganesh Giri vs State Of Odisha ..... Opp. Party on 23 May, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5067 of 2024
1.Biswajit @ Ganesh Giri ..... Petitioners
2. Balabhadra Gope @ Dudul Mr. Adhiraj Mohantuy, Advocate
3. Bablu @ Babru Gope
Vs.
State of Odisha ..... Opp. Party
Mr. G. N. Rout, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
23.05.2024 (Through hybrid mode) Order No.
01.
1. This application under Section 439 of Cr.P.C. has been filed in connection with Champua P.S. Case No. 41 of 2023 corresponding to G.R. Case No.111 of 2023 pending in the Court of the learned S.D.J.M., Champua, where charge sheet dated 27.09.2023 has been submitted against Abhimanyu Pradhan @ Abhi, Md. Alquma @ Alquama, Lambu@ Bihari@ Sankar Naik, Biswajit @ Ganesh Giri, Balabhadra Gope @ Duldul, Alok Mohapatra, Sk. Nesar, Bablu @ Babru Mohan Gope under Section 395 of IPC , keeping investigation open for recovery of the vehicle.
Page 1 of 6
2. This matter has been listed before me as BLAPL No. 135 of 2024 filed by co-accused Sk. Nesar had been dismissed by me on 11.01.2024.
3. The prayer for bail of the petitioners has been rejected on 15.04.2024 in BA No. 15 of 2024 by the learned Additional Sessions judge, Champua.
4. The prosecution allegation in brief is that on the night of 21.03.2023 at about 11.30 p.m., the informant who is a driver of the 10 wheeler truck bearing Registration No. OD-09-G-1828 was returning after unloading iron ore at Basantapur and had parked the truck and had gone to attend the call of nature, five to six persons came in a Bolero vehicle and on the point of Bhujali threatened him and tied him and his helper with a Gamuchha and drove away the hywa. Three of the accused persons took the informant and the helper in the Bolero towards Basudevpur- Ramchandrapur jungle and left them tied up in the jungle. The informant managed to escape from the jungle and informed the owner about the incident and the FIR was lodged on the next day.
5. Mr. A. Mohanty, learned counsel for the petitioner submits Page 2 of 6 that the petitioners have been remanded in this case on 31.05.2023, while they were in custody in connection with Champua PS Case No. 80 of 2023. He further submits they have not been put to TI parade and they have been implicated in the case on the basis of their own confession and confessions of the co-accused. He further submits that co-accused Md. Alquma @ Alquama, who stands on same footing as the petitioners has been granted bail in BLAPL No. 10513 of 2023 and Abhimanyu Pradhan, who stands on similar footing as the petitioners has been granted bail in BLAPL No. 8864 of 2023 by this Court.
6. Mr. G. N. Rout, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioners do not stand on the same footing as the co-accused persons who have been granted bail, as they have a number of criminal antecedents of similar nature. Petitioner No. 1 has 12 criminal antecedents, petitioner No.2 has 8 criminal antecedents.
7. Perusal of the rejection order reveals that the petitioner No.1 Biswajit Giri @ Ganesh Giri has 12 criminal antecedents and petitioner No. 3 Bablu @ Babru Gope has three similar criminal antecedents. These are as follows; Page 3 of 6 (1) Joda P.S. Case no.92 dtd.01-04-2023 registered U/s.395 IPC & Sec. 25 of Arms Act, (2) Joda P.S. Case no.294 dtd. 12-12-2022 registered U/s. 394, 397 IPC and Sec. 25 Arms Act, (3) Joda P.S. Case no.80. dtd. 04-03-2023 registered U/s. 395 I.P.C. and Sec. 25 of Arms Act, (4) Barbil P.S. Case no.48 dtd. 16-02-2023 registered U/s. 395 IPC and Sec. 25 of Arms Act, (5) Champua P.S. Case no.l4 dtd. 01-02-2023 registered U/s. 395 IPC and Sec. 25/27 Arms Act, (6) Champua P.S. Case no.43 dtd. 27-03-2018 registered U/s. 394 I.P.C., (7) Champua P.S.Gase no.65 dtd. 08-05-2018 u/s.392 I.P.C., (8) Turumunga P.S. Case no. 159 dtd. 22-09-2022 registered U/s. 364/302/506/120-B/34 IPC and Sec. 25/27 Arms Act, (9) Turumunga P.S. Case no.23 dtd. 16-02-2023 registered U/s. 392/34 IPC, (10) Turumunga P.S. Case no.27 dtd. 14-03- 2020 registered U/s. 458, 397, 395, 324, 120-B IPC and Sec. 25/27 of Arms Act, (11) Bamebari P.S. Case no.193 dtd. 11-11-2023 registered U/s. 394 I.P.C. and (12) Bamebari P.S. Case no.53 dtd. 28-03-2023 registered U/s. 294 I.P.C.
Petitioner No.2 Balabhadra Gope @ Duldul has 8 criminal Page 4 of 6 antecedents, these are as follows;
(1) Joda P.S. Case no.92 dtd.01-04-2023 u/s.395 IPC & Sec. 25 of Anns Act, (2) Joda P.S. Case no.294 dtd. 12-12-2022 registered U/s. 394, 397 IPC and Sec. 25 Arms Act, (3) Joda P.S. Case no.80 dtd. 04-03-2023 registered U/s. 395 I.P.C. and Sec. 25 of Arms Act, (4) Barbil P.S. Case no.48 dtd. 16-02-2023 registered U/s. 395 IPC and Sec. 25 of Arms Act, (5) Champua P.S. Case no. 14; dtd. 01-02-2023 registered U/s. 395 IPC and Sec. 25/27 Arms Act, (6) Turumunga P.S. Case no.23 dtd. 16-02-2023 registered U/s. 392/34 IPC, (7) Bamebari P.S. Case no.193 dtd. 11-11-2023 registered U/s. 394 I.P.C. and (8) Bamebari P.S.Gase no.53 dtd. 28-03-2023 registered U/s. 294 I.P.C.
Petitioner No. 3 Bablu @ Babru Mohan Gope has 3 criminal antecedents, which are as follows;
(1) Joda P.S. Case no.92 dtd.01-04-2023 registered U/s. 395 IPG & Sec. 25 of Arms Act, (2) Joda P.S. Case no.294 dtd. 12-12-2022 registered U/s. 394, 397 IPC and Sec. 25 Arms Act, (3) Joda P.S. Case no.80 dtd. 04-03-2023 registered U/s. 395 Page 5 of 6 I.P.C. and Sec. 25 of Arms Act.
8. Considering the nature of allegations against the petitioners, their age, their residence and their criminal antecedents, I am not satisfied that they stand on the same footing as the co-accused who have been released on bail. I am therefore not inclined to release the petitioners on bail at this stage.
9. The BLAPL is accordingly dismissed.
10. Liberty is granted to the petitioners to move for bail afresh in case there is delay in completion of the trial.
11. Urgent certified copy of this order be granted on proper application.
(Savitri Ratho) Judge Subhalaxmi Signature Not Verified Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 24-May-2024 20:45:29 Page 6 of 6