Allowed

Ekadusia Behera @ Akadusia Behera v. State of Odisha

Orissa HC20 Dec 2023BLAPL/10230/2023

Case brief

AI extract

What is this about?

This judgment allows a bail application filed under Section 439 Cr.P.C. against charges of Section 307 IPC. The court issued bail contingent upon verification by the Sessions Judge that the victim has fully recovered from his injuries.

What did the court decide?

Release of the petitioner on bail subject to verification of injury recovery by the lower court and satisfaction of normal activities by the victim.

Ekadusia Behera @ Akadusia Behera Vs State of… — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10230 of 2023

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Ekadusia Behera @ Akadusia ….. Petitioner Behera

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Mr. Umesh Chandra Jena, Advocate

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Vs.

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State of Odisha

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….. Opposite Party Mr. D.K. Mishra, AGA

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CORAM:

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JUSTICE SAVITRI RATHO ORDER

20.12.2023

Order No.

(Through hybrid mode)

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1. In his statement recorded under Section 161 of Cr.P.C. on 20.08.2023, the injured has stated that though he has been discharged, he

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is still unwell and is suffering from pain in the head for which the report

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had been called for.

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2. A report has been submitted by the IIC, Barkote dated 26.11.2023 where she has stated that she personally visited the house of the injured and found him to be physically fit. However the date on which she visited his house has not been mentioned. Copy of the report is taken on record.

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3. This is an application under Section 439 of Cr.P.C. for grant of bail

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to the petitioner in connection with Barkote P.S. Case No. 241 of 2023 corresponding to C.T. Case No. 839 of 2023 pending in the Court of the learned S.D.J.M., Deogarh registered for commission of offences punishable under Sections 294, 324, 307 of IPC.

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4. The prayer for bail of the petitioner has been rejected vide order

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dated 01.09.2023 passed by the learned Sessions Judge, Deogarh in

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Page 1 of 3

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BLAPL No. 140 of 2023.

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5. The prosecution case in brief against the petitioner is that on 08.08.2023 at about 7.00 P.M., when the victim was working on his paddy field, the petitioner came to the spot and abused him in obscene language and assaulted him by means of a stick and when he fell down the petitioner assaulted him with the spade on his head and ear for which he sustained bleeding injuries and fell down unconsciously. Thereafter he was taken to CGC, Barkote for treatment from where he was referred to DHH, Deogarh for better treatment and subsequently shifted to BIMSAR

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as his condition became critical. The injury is sustained by him were found to be grievous in nature.

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6. Mr. U.C. Jena, learned counsel for the petitioner submits that the petitioner does not have any criminal antecedents. On the relevant day as the informant injured was trying to cut the ridge between the fields in order to release the water from the field of the petitioner into his own field, the petitioner got enraged and assaulted him. He further submits that in the meanwhile the injured has become fully fit and is carrying out his normal activities and after completion of investigation, chargesheet has been submitted.

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7. Considering the genesis of the occurrence and the relationship of the petitioner and the injured-informant, as the investigation has been completed, and the submission that the injured has recovered from his

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Page 2 of 3

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injuries and is carrying out his normal activities, I am inclined to allow the prayer for bail.

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8. The petitioner-Ekadusia Behera @ Akadusia Behera shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, subject to verification of his criminal antecedents and subject to the satisfaction of the learned S.D.J.M., Deogarh after issuing notice to the injured and verifying that he has fully recovered and is carrying out his normal activities, including the following conditions:

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while on bail.

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11. Urgent certified copy of this order be granted on proper application.

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12. Copy of this order be supplied to Mr. D.K. Mishra, learned Additional Government Advocate for onward transmission to the IIC,

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Barkote Police Station.

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Signature Not Verified

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(Savitri Ratho) Digitally Signed Signed by: PUSPANJALI MOHAPATRA Judge Designation: Personal Assistant Reason: Authentication puspa Location: Orissa High Court Date: 20-Dec-2023 18:57:30

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Ekadusia Behera @ Akadusia Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ekadusia Behera @ Akadusia Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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