Allowed

Umesh Yadav @ Bhaijaan v. State of Odisha

Orissa HC18 Dec 2023BLAPL/10929/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court allowed bail to the petitioner in a dacoity case. Despite the petitioner's 21 criminal antecedents, the court deemed it a fit case to grant bail as investigation was over, imposing stringent reporting conditions.

What did the court decide?

Petitioner released on bail with conditions to report to police every Sunday, not threaten witnesses, and abstain from criminal activity.

Umesh Yadav @ Bhaijaan Vs State of Odisha — Bail and Remand | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 10929 of 2023

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Umesh Yadav @ Bhaijaan ….. Petitioner Mr. Sk. Zafarulla, Adv.

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Vs.

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State of Odisha

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….. Opp. Party Mr. S.S, Pradhan, A.G.A.

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

18.12.2023

Order No.

(Through hybrid mode)

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Heard Mr. Sk. Zafarulla, learned counsel for the petitioner and Mr.

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S.S. Pradhan, learned Addl. Government Advocate for the State.

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This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Brajarajnagar P.S. Case No. 146 of 2023 corresponding to C.T. Case No. 531 of 2023 pending in the Court of the learned J.M.F.C.-1, Cog taking, Jharsuguda under Sections 399/402 of IPC.

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The prayer of the petitioner has been rejected vide order dated 24.08.2023 by the learned ADJ -cum- P.O., Special Court POCSO, Jharsuguda when investigation was in progress.

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The prosecution allegation in brief is that on 12.06.2023 at about

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10.20 p.m. the S.I. of Police Rampur Out Post along with other police personnel were performing night patrolling duty and while they were near

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Chauliaberna, they received information that veteran criminals Chhotu @ Jai Chouhan and six others have assembled in Baghamari Jungle being armed with deadly weapons and planning to commit dacoity at Balaji Petrol pump near Shani Mandir Chowk. They intimated the I.I.C., Brajarajnagar Police Station and proceeded to the spot and taking two independent witnesses with them. At about 11.20 p.m., they apprehended two accused persons and five managed to escape. Chhotu @ Jai Chouhan and Ramnarayan Parsh @ Gopi who were apprehended at the spot were found to be carrying one countrymade pistol and Bhujali respectively and they also recovered one torch light, iron rod and one Renault Duster Car bearing Registration No. OD-15-F-9666 from the spot.

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Mr. Sk. Zafarulla, learned counsel for the petitioner submits that neither has the petitioner been named in the FIR nor was he named by any of the accused persons. On 11.07.2023, on the basis of the statement of one Krushna Chandra Nayak who has examined almost one month after the occurrence and stated that he had learnt that the petitioner was one of persons who had fled from the spot, the petitioner has been arrested and is in custody since 16.07.2023. He further submits that though this material is not enough to implicate the petitioner with the crime, in view of the fact that he has a number of criminal antecedents his prayer for bail has been rejected. He files an affidavit sworn by one Ramkumar Prasad Yadav, father of the petitioner wherein it is stated that the petitioner has been

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released on bail in 19, out of the 21 cases which are shown to be pending against him and he has also submitted that 8 cases are of the year 20052013 and 10 cases are between the year 2013 to 2020 and only three cases are of the year 2022 and 2023.

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Mr. S.S. Pradhan, learned Addl. Government Advocate for the State fairly submits that apart from the statement of Krushna Chandra Nayak, there is no other material to implicate the petitioner. But he opposes the prayer for bail stating that the petitioner has 21 criminal antecedents.

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Normally considering the large number of criminal antecedents of

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the petitioner, I would not have allowed the prayer for bail, but in view of the nature of the material implicating the petitioner in the present case and as investigation is over. I consider it be a fit case to allow the prayer for bail, imposing stringent conditions.

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The petitioner- Umesh Yadav @ Bhaijaan shall be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, after verifying that he has been granted bail and is continuing on bail in nineteen out of the 21 cases pending against him, including the following conditions:

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(i) He will not indulge in any criminal activity while on bail.

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(ii) He will not threaten or try to influence prosecution witnesses

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while on bail.

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(iii) After his release he will report before the I.I.C., Brajarajnagar Police Station once every Sunday between 3.00 p.m. to 5.00 p.m. till conclusion of trial.

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(iv) He will remain present on each date fixed for trial subject to any order passed by the learned trial Court under Section 317 Crl.P.C.

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Violation of any condition will entail in cancellation of bail/recall

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of this order.

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The BLAPL is accordingly disposed of.

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

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A copy of this order be supplied to Mr. S.S. Pradhan, learned Addl.

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Govt. Advocate for onward transmission to the I.I.C., Brajarajnagar Police Station, so that he can take steps for recall of this order/cancellation of bail in case of violation of any condition.

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Sukanta

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Signature Not Verified

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Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 19-Dec-2023 15:10:39

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Umesh Yadav @ Bhaijaan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Umesh Yadav @ Bhaijaan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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