Disposed

Mantu @ Pravat Das v. State of Odisha

Orissa HC21 Nov 2023BLAPL/5200/2023

Case brief

AI extract

What is this about?

BAAPL filed against rejection of bail. Court declined to entertain the application at that stage due to petitioner's 13 antecedents, nature of allegations, and witness threat. Liberty granted to reinstate application after examining witnesses. No opinion expressed on guilt or charge correctness.

What did the court decide?

Bail application dismissed; liberty granted to reinstate after examination of witnesses.

Mantu @ Pravat Das Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 5200 of 2023

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Mantu @ Pravat Das

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Petitioner

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Mr. S. Bahadur, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. H.K. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH

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ORDER 21.11.2023 Order No. 06. 1. 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.957 of 2022, pending on the file of learned J.M.F.C., Soro, arising out of Soro P.S. No.444 of 2022 for commission of offence alleged under Sections 395/307 of IPC and 25/27 of Arms Act.

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Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Asst. Sessions Judge, Soro by order dated 19.04.2023 in the aforementioned case, the present BLAPL has been filed.

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It is submitted by the learned counsel that the Petitioner is in custody since 14.02.2023 and as preliminary charge sheet has already been filed in the meanwhile, his further continuance in custody is not warranted.

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It is submitted with vehemence that even if the entire allegation of the prosecution case is accepted in its entirety, it is not

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Page 1 of 3

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a case under Section 395 of IPC and the allegation under Section 307 of IPC is ex-facie not made out.

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Per contra, learned counsel for the State opposes the prayer for bail.

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It is alleged that the genesis of the present case is one Khaira P.S. Case No.203 of 2022. On the allegation that Nabakishore (C.S.W. No.6) was assisting the police in investigation the accused perpetrated the crime to seek vengeance.

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This Court perused the statement of the said witness (C.S.W. No.6) and the statement of the C.S.W. No.9 (Manas Ku.

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Panda).

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It is on record that the present Petitioner has 13 criminal antecedent which runs thus;

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Soro P.S. Case No.292/2017

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Soro P.S. Case No.581/2017

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Soro P.S. Case No.46/2018

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Soro P.S. Case No.116/2018

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Soro P.S. Case No.246/2018

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Soro P.S. Case No.287/2018

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Soro P.S. Case No.379/2018

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Soro P.S. Case No.437/2018

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Soro P.S. Case No.442/2018

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Soro P.S. Case No.328/2022

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Soro P.S. Case No.444/2022

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Soro P.S. Case No.483/2022

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Soro P.S. Case No.35/2013

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And, it is stated at the Bar that the said criminal antecedents are similar in nature.

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Considering the nature of allegation and the manner in which the C.S.W. No.6 was allegedly threatened and the overt act attributed to the present Petitioner and keeping in view his criminal proclivity, this Court is not inclined to entertain this bail application at this stage.

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Page 2 of 3

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Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin afresh after examination of material witnesses. If such an application is filed, the same shall be considered on its own merit.

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It is needless to state that the observation of this Court is only on account of the bail application filed. The same ought not to be construed as expressing any opinion regarding the complicity of the Petitioner or registration of the case under Section 395 of the IPC.

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Accordingly, the BLAPL stands disposed of.

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Santoshi

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(V. NARASINGH)
Judge

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 22-Nov-2023 19:29:28

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Mantu @ Pravat Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mantu @ Pravat Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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