Allowed

Santosh Kumar Praharaj v. State of Odisha

Orissa HC19 Oct 2023BLAPL/10412/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, an accused in a C.T. case involving assault and injury to five persons. Despite the court's prior refusal of bail for a similar case involving a co-accused, the court ordered release based on the duration of custody and victim recovery, subject to strict conditions.

What did the court decide?

Release on bail on terms to be fixed by the court, with monthly reporting to police and prohibition of intimidating the victim.

Santosh Kumar Praharaj Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 10412 of 2023

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Santosh Kumar Praharaj …. Petitioner

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Mr. B.P. Pradhan, Advocate

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-versus-

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…. State of Odisha Opposite Party

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Mr. K.K. Gaya, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER 19.10.2023

Order No.

03.

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

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The Petitioner is an accused in connection with C.T. Case No.1002 of 2023, pending on the file of learned S.D.J.M., Bhubaneswar, arising out of Maitri Vihar P.S. Case No.205 of 2023 for commission of the alleged offence under Sections 147/148/341/323/325/326/354/354B/307/149 of IPC.

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Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge (K) at Bhubaneswar by order dated 04.09.2023 in the aforementioned case, the present bail application has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 17.06.2023 and the allegation against him is that he along with co-accused entered into the house of the informant and assaulted and in the process injured five persons namely, Bipin Behera, Rankanidhi Swain, Rashmi Jena, Premananda Jena and Sambit Jena.

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It is stated by the learned counsel that since charge sheet has already been filed on 15.10.2023 and one of the co-accused has since

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been released on bail by this Court by order dated 31.08.2023 in BLAPL No.9006 of 2023, the Petitioner seeks release inter alia on the ground of parity.

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Learned counsel for the State opposes the prayer for bail and submits that the factors which weighed with the Court in releasing the co-accused are not available to be pleaded in the case at hand since the said accused was a lady.

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It is further submitted that there was a strong motive on the part of the Petitioner to commit the crime hence no leniency ought to be shown and he also refers to the injury reports of the injured persons.

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To fortify his submission, learned counsel refers to the FIR at Annexure-4 series.

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Taking into account the period in custody and that the victims stated to have recovered, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin.

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Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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It is further directed that the Petitioner shall not in any way try to intimidate the informant/victim and their family members.

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It shall be open either to the informant/victim or to the prosecution to seek variance of this order, in case there is any threat perception.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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Signature Not Verified Ayesha

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Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 19-Oct-2023 18:24:48

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Santosh Kumar Praharaj v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Praharaj v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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