Single judge rejected bail application filed by Bibhu @ Pratap Sahoo in a criminal case involving arson and attempt to murder. The court emphasized the petitioner's criminal antecedents and the gravity of the offences as reasons to deny bail.
Prayer for bail of the petitioner was rejected and the petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CORAM :- HON’BLE SHRI JUSTICE S.PUJAHARI
BLAPL NO.10938 OF 2019
Bibhu @ Pratap Sahoo.
…….. Petitioner
-Versus-
State of Odisha …….. Opp.party
O R D E R
No.16/394 of 2019, arising out of G.R. Case No.274 of 2017(B) corresponding to Patkura P.S. Case No.51 of 2017, has filed this petition for his release on bail as his prayer for bail has been refused by the learned Chief Judicial Magistrate-cum-Asst. Sessions Judge, Kendrapara vide the impugned order dated 11.12.2019. The petitioner has been indicted in the aforesaid case for the alleged commission of offences punishable under Sections 507, 294, 385, 395, 435, 307 and 506 of I.P.C.
2. In the wake of the Pandemic Covid-19, the case was taken up through Video Conferencing and I have
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heard learned counsel appearing for the petitioner and learned Addl. Standing counsel appearing for the State. 3. It is alleged that earlier to the date of the incident, the petitioner had demanded “Dadabati” of five lac rupees from the Informant, a Civil Contractor, by giving him repeated phone calls with a threat of setting his excavator machine (JCB) ablaze, and since the Informant did not meet that demand, on 02.03.2017 at 4.30 p.m. while the JCB machine of the Informant was at work at Bichana Balighat, Kendrapara, the petitioner along with his four associates came there in two motorcycles, assaulted the operator and other workers of the Informant while challenging them as to why they continued the work in defiance of his order, pulled them down the machine, snatched Rs.1700/- from the pocket of the machine operator and then set fire to the JCB machine by pouring petrol. The case was registered on the same date on the basis of the F.I.R. lodged by the Informant at Patkura Police Station and on completion of investigation, police submitted charge-sheet against
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the petitioner and his crime associates under Sections 294, 506, 507, 385, 395, 435, 307/34 of I.P.C.
4. In support of the bail plea, the learned counsel for the petitioner submitted, inter-alia, that the petitioner has been falsely implicated in the case without any incriminating materials against him and that there being no chance of his fleeing from justice, bail should be granted to him.
5. Per contra, the learned Addl. Standing counsel appearing for the State resisted the bail application on the ground of the nature and gravity of the indictment. It is also submitted by him that the petitioner being a history sheeter, his being at large is detrimental not only to the prosecution or its witnesses but also to the society at large.
6. I have gone through the F.I.R. and other materials placed on record. The materials available on record indicate that the petitioner was involved in the aforesaid offences. The petitioner appears to be a person of criminal antecedents and as many as fifteen cases are there to his credit. Therefore, considering the
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fact that the petitioner is a person of criminal antecedents and has been indicted in the aforesaid offences, this Court is of the view that the petitioner in this case does not deserve to be released on bail, inasmuch as after his release, possibility of his repeating the similar nature of offence is not ruled out. 7. Accordingly, the prayer for bail of the petitioner is rejected and the BLAPL stands disposed of being dismissed.
As lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
………………… S.Pujahari, J.
MRS
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2 issues framed by the court
Whether bail should be granted to a petitioner with criminal antecedents indicted for serious offences including arson and attempt to murder.
Whether the petitioner deserves release on bail given the risk of repeating similar offences.
Bibhu @ Pratap Sahoo
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
