Single judge of the High Court, Cuttack, considered a bail petition filed by Kailash Naik. Dismissing the petition due to the gravity of the charges and the nature of evidence, the court refused bail during the pendency of the trial.
Petitioner's bail petition Blapl No.6466 of 2023 dismissed; petitioner remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6466 of 2023
Kailash Naik
…. Petitioner
-versus-
State of Odisha
…. Opposite Party Mr.G.R.Mohapatra,ASC
CORAM: DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 04.09.2023
Dated Police Case No. Sections
F.I.R.
Station and Courts’
No.
Name
0427 08.08.2020 Bhanjanagar S.T. Case Section 307/302/
No.51 of 147/148/149 of
2021 arising I.P.C. read with
out of Section 3/4/5 of
Bhanjanagar Explosive
P.S. Case Substance Act.
No.427 of
2020
pending in
the Court of
learned
Addl.
Sessions
Judge,
Bhanjanagar
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3 . The petitioner being in custody in connection with Bhanjanagar P.S. Case No.427 of 2020 corresponding to S.T. Case No.51 of 2021 pending in the court learned Additional Sessions Judge, Bhanjanagar registered for the alleged commission of offence under Section 307/302/ 147/148/149 of I.P.C. read with Section 3/4/5 of Explosive Substance Act has filed this petition for his release on bail. 4. It is alleged in the FIR that on 07.08.2020 at about 6.30 P.M. the petitioner abused some boys of informant’s street due to previous rivalry. Soon after some other persons joined Kalu and they collectively came to assault the boys. When the informant’s brother and others were running away, the accused persons threw bombs at them for which informant’s brother Krushna Gouda sustained severe injury on his legs. He was shifted to Berhampur Medical where he succumbed to his injury. After completion of investigation, charge sheet has been submitted against twenty three accused persons including the present petitioner under Sections 147/148/307/302/149 IPC read with Section 3/4/5 of E.S.Act.
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5 . Learned counsel for the petitioner submits that the allegations leveled against the petitioner are untrue and concocted
6 . Learned counsel for the State vehemently opposes the bail prayer of the petitioner with the submission that the present petitioner is the prime accused who had hurled the bomb and directly linked with the commission of the offence.
7. Considering the gravity of offence, character of evidence appearing against the petitioner, the stringent punishment provided, this Court is not inclined to release the petitioner on bail.
8. Accordingly, the BLAPL is dismissed.
9. Issue urgent certified copy of the order pas per Rules.
(Dr. S.K. Panigrahi) Judge
Sumitra
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Sep-2023 16:00:27
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1 issue framed by the court
Whether the petitioner is eligible for bail in a case involving the commission of offences under Sections 302/307 IPC read with Explosive Substances Act.
2 provisions across 2 enactments
Kailash Naik
State of Odisha
S.K. PANIGRAHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
