Orissa High Court
Bikash Nayak vs State Of Odisha ..... Opposite Party on 7 March, 2024
Author: Savitri Ratho
Bench: Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1082 of 2024
Bikash Nayak ..... Petitioner
Mr. Jayadeba Behera, Advocate
Vs.
State of Odisha ..... Opposite Party
Mr. S.S. Mohapatra, A.S.C.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
07.03.2024 Order No. (Through hybrid mode)
02.
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, where F.I.R. has been registered against 83 accused persons along with 300 unnamed persons 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, read with Section 4 of the PDPP Act and read with Section 7 of the Criminal Law Amendment Act.
2. The prayer for bail of the petitioner has been rejected vide order dated 29.01.2024 by the learned Additional Sessions Judge- cum-Special Judge, Phulbani, Kandhamal in BLAPL No. 05 of Page 1 of 8 2024.
3. 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) Bighnaraj Behera (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) Page 2 of 8 Susanta Kanhar of 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 accused 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 co-accused Bapi @ Biswa Page 3 of 8 Ranjan Kanhar the mob started pelting stones and assaulting the police staff, Executive Magistrate and the SDPO as 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 the 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 in order 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. During Page 4 of 8 investigation basing on the CCTV footage it has been ascertained that the petitioner was a member of the unlawful assembly and on the date of occurrence he was wearing a red colour full sleeve T- shirt and blue colour trouser and had taken away one KTM motor cycle bearing Registration No. OD 33 S 0821 from the Phiringia Police Station and had also participated with the other accused persons in the commissions of dacoity and other offences and investigation revealed that he has sold that motor cycle to one Litu Kanhar for Rs.10,000/- and the said motor cycle has been recovered from Litu Kanhar.
4. Mr. Jayadeba Behera, learned counsel for the petitioner submits that the petitioner is aged about 21 years and is a student of +3 Arts in Panchayat College, Phiringia and his University Examinations for the 6th Semester Examinations, 2024 in off line mode is scheduled to commence from 15.03.2024 in which the petitioner will appear, and the examination schedule and other supporting documents have been filed today along with a memo. He submits that the petitioner has not been named in the F.I.R. and has been arrested on 06.01.2024. He has no criminal antecedents. He further submits that a number of accused persons who had been Page 5 of 8 named in the F.I.R. have been directed to be released on bail on their surrender by 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 other accused persons who had been arrested have been directed to be released on bail by this Court in BLAPL No. 10732 of 2023, BLAPL No. 11179 of 2023, BLAPL No. 11772 of 2023, BLAPL No. 10932 of 2023, BLAPL No. 10742 of 2023, BLAPL No. 11984 of 2023, BLAPL No. 10853 of 2023 and other cases. Considering the age of the petitioner and the fact that he is a student and is eager to appear in the University examination scheduled to commence on 15.03.2024, a lenient view may be taken and he may be released on bail.
5. The Registry shall scan the documents filed today and incorporate these in the digital record.
6. Mr. S.S. Mohapatra, learned Additional Standing Counsel Page 6 of 8 opposes the prayer for bail submitting that the petitioner does not stand on the same footing as the other accused persons as it is ascertained from CCTV footage that he has stolen a motor cycle from the Police Station premises. He further submits that whether the petitioner is to appear in the examination has to be ascertained and his criminal antecedents are also to be verified and that investigation is in progress.
7. Considering the nature of allegations against the petitioner and more particularly as many co-accused persons in the case have already been released on bail pursuant to orders passed by this Court in various ABLAPLs and BLAPLs, the petitioner is to appear in the University examination which are to commence from 15.03.2024 and as the motor cycle which the petitioner is alleged to have stolen has already been recovered, I am inclined to allow the prayer for bail.
8. The petitioner-Bikash Nayak shall 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) He shall appear in the examinations.
(ii) He will co-operate with the investigation. Page 7 of 8
(iii) He will not commit similar offence.
(iv) He will not threaten or try to influence prosecution witnesses or tamper with evidence.
9. The BLAPL is accordingly allowed.
10. Urgent certified copy of this order be granted as per rules.
11. Copy of this order be supplied to Mr. S.S. Mohapatra, learned Additional Standing Counsel for onward transmission to the IIC, Phiringia Police Station.
(Savitri Ratho)
puspa Judge
Signature Not Verified
Digitally Signed
Signed by: PUSPANJALI MOHAPATRA
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 07-Mar-2024 19:18:21
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