Allowed

Biju @ Bijay Samantaray @ Mangaraj @ Lenka v. State of Odisha

Orissa HC17 Aug 2021BLAPL/446/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding an FIR under Sections 307, 326, 341, 506, and 34 of the IPC, the High Court of Orissa granted bail to the young petitioner despite a prior rejection by the Sessions Judge. The court considered his age, lack of criminal antecedents, and the judicial custody period.

What did the court decide?

Petitioner released on bail on furnishing a bail bond of Rs. 50,000 with two local solvent sureties each for the like amount.

Biju @ Bijay Samantaray @ Mangaraj @ Lenka 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. 446 of 2021

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Biju @ Bijay Samantaray …. Petitioner @ Mangaraj @ Lenka

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Mr. Dillip Mohanty, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. A.K. Beura, Addl. Standing Counsel Mr. M.R. Mohapatra, Advocate (Informant) CORAM: JUSTICE S.K. SAHOO ORDER Order No. 17.08.2021 03. This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

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Order No.

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This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.175 of 2020 arising out of Fategarh P.S. Case No.184 of 2020 pending in the Court of learned J.M.F.C., Bhapur for offences punishable under sections 307/326/341/506/34 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Nayagarh vide order dated 22.12.2020.

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// 2 //

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 29.11.2020 and he has been charge sheeted under sections 307/326/341/506/34 of the Indian Penal Code. He further submitted that the occurrence in question took place on 28.10.2020 and the first information report was lodged on the very day. He further submitted that the role of the petitioner is that he caught hold the injured Padmalochan Lenka, who was assaulted by other coaccused persons. He further submitted that the petitioner is a young boy aged about nineteen years and he is having no criminal antecedent and the injured was hospitalized in Vivekanand Hospital, Bhubaneswar and his date of admission is 28.10.2020 and he was discharged on 04.11.2020 and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State opposed the prayer for bail and submitted that there are two injured persons in this case, one is Padmalochan Lenka and other is Bijay Lenka and Bijay Lenka has sustained three swelling injuries, which are simple in nature and so far as Padmalochan Lenka is concerned, all the injuries sustained by him were opined to be grievous in nature. He also placed the statements of the two injured persons.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of overt act attributed against the petitioner, absence of any criminal

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Page 2 of 3

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antecedent, the young age of the petitioner and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date when the case would be posted for trial.

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Violation of any terms and conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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RKM

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Biju @ Bijay Samantaray @ Mangaraj @ Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

Biju @ Bijay Samantaray @ Mangaraj @ Lenka v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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