Allowed

Balia @ Balabhadra Bhoi v. State of Odisha

Orissa HC6 Apr 2021BLAPL/1882/2021

Case brief

AI extract

What is this about?

High Court of Orissa granted bail to five petitioners accused of multiple offences under the Indian Penal Code. The Court observed that specific overt acts were not alleged against them, noting that co-accused inflicted fatal injuries on the deceased, and considered the period of custody before ordering release on bond.

What did the court decide?

PETITIONERS RELEASED ON BAIL BY FURNISHING BOND OF RS.50,000 EACH WITH TWO LOCAL SOLVENT SURETIES.

Balia @ Balabhadra Bhoi Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1882 of 2021

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1. Balia @ Balabhadra Bhoi

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2. Sankar Bhoi 3. Mahendra Bhoi

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Order No.

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4. Gajia @ Gajendra Bhoi 5. Samjit Bhoi @ Sambit Bhoi @ Samarjeet Bhoi @ Sambit …. Petitioners Mr. T. P. Mohapatra, Advocate -versus- State of Odisha …. Opp. Party Mr. A.N. Das, Addl. Government Advocate CORAM: JUSTICE S.K. SAHOO ORDER 06.04.2021

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This matter is taken up by video conferencing mode.

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Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.2793 of 2020 arising out of Bramhagiri P.S. Case No.168 of 2020 pending in the Court of learned S.D.J.M., Puri for offences punishable under sections 147/148/294/354/341/323/307/302/506/324/149 of the Indian Penal Code.

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The petitioners moved an application for bail before the Court of learned 1^st Additional Sessions Judge, Puri which was rejected on 11.02.2021.

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Learned counsel for the petitioners submitted that the petitioners are in judicial custody since 11.10.2020 and they have been charge sheeted under sections 147/148/294/354/ 341/323/307/302/506/324/149 of the Indian Penal Code. The occurrence in question took place on 11.10.2020 and it is a case and counter case and it appears from the materials available on record that while a tug of war was going on between two groups, the deceased Kalu Charan Bhoi came to the spot and as a peaceful intervener tried to disperse the parties but he was assaulted on his chest by co-accused Dhulia Bhoi with a tenta and one Sumitra Bhoi also assaulted him on his head. He further submitted that from the side of the petitioners, one person was assaulted to death and no specific overt act has been alleged against the petitioners and therefore, the bail application of the petitioners may be favourably considered.

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Learned counsel for the State has produced the case diary, opposed the prayer for bail and placed the statement of eye witness Antaryami Bhoi which clearly reveals about the participation of co-accused persons, namely, Dhulia Bhoi and Sumitra Bhoi in the assault of the deceased Kalu Charan Bhoi. He also placed the post mortem report which indicates that the deceased sustained punctured wound on the left side of his chest and the said injury was the cause of death. 7. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the surrounding circumstances under which the occurrence alleged to have taken place, the fact that no specific overt act has been alleged against any of the

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petitioners and it is the co-accused Dhulia Bhoi and Sumitra Bhoi who assaulted the deceased and further taking into account the post mortem report findings and the period of detention of the petitioners in judicial custody, I am inclined to release the petitioners on bail.

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Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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The BLAPL is accordingly disposed of.

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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.

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( S.K. Sahoo)
Judge

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RKM

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Balia @ Balabhadra Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Balia @ Balabhadra Bhoi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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