Orissa High Court
BLAPL/649/2018 on 8 May, 2018
Author: J.P. Das
Bench: J.P. Das
BLAPL No.649 of 2018
04. 14.05.2018 Heard learned counsel for the petitioner and
learned counsel for the State.
The petitioner is an accused in G.R. Case No.166 of
2017 on the file of learned S.D.J.M., Baliguda registered
under Sections 147/148/302/307/396/121-A/120-B/435/
149, I.P.C. read with Sections 25 and 27 of the Arms Act
and Sections 3 and 4 of the Explosive Substances Act and
Sections 16/18/20/21/38 of the Unlawful Activities
(Prevention) Act, 1967.
It is alleged that while the police and C.R.P.F.
personnel were engaged in the combing operation
against the Naxals, there was firing and blasting of
bombs damaging the vehicle and causing injuries to the
police personnel and subsequently, one of the injured
expired in course of treatment.
It is submitted on behalf of the petitioner that
entire prosecution case relied on the statement of one
Kabi Mallick, who was present in the village meeting
along with the petitioner and others and allegedly had
given information to the Naxalites about the movements
of police. It is further submitted that the said co-accused
Kabi Mallick has since been released on bail under
Section 167(2), Cr.P.C. as because Charge-sheet could
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not be submitted within the stipulated period and the
petitioner is in custody since 10.01.2018. It is also
submitted to be on record that the petitioner does not
have any criminal antecedent.
Considering the submissions and the
circumstances, it is directed that let the petitioner be
released on bail by furnishing bond of Rs.20,000/-(rupees
twenty thousand) with two sureties for the like amount to
the satisfaction of the learned S.D.J.M., Baliguda in the
aforesaid case with the conditions that he shall not
involve himself in criminal activity and shall report before
the I.I.C. Baliguda Police Station once in a month for next
six months.
This order is subject to condition that the petitioner
does not have any criminal antecedent.
The Bail Application is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
....................
J.P. Das, J.
JB