Dhaneswar Barik Vs State of Odisha

This bail application under Section 439 of the Criminal Procedure Code arising out of G.R. Case No.1156 of 2022 in connection of Naikanidihi P.S. Case No.287 of 2022 pending in the Court of learned JMFC, Basudevpur, Bhadrak is taken up for consideration.

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I have already heard from the learned Senior Counsel for the petitioner, the learned Addl. Standing Counsel for the State and the learned counsel for the informant.

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The petitioner has been charge-sheeted under Sections 341,323,324,326,307 & 506 read with Section 34 of the IPC, 1860 on the allegations alleged against him along with co-accused person namely, Khetrabasi @Khetramohan Barik that, on dated 27.12.2022 morning at about 9 A.M., the petitioner along with his co-accused i.e.

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Khetrabasi @Khetramohan Barik assaulted the victim (Abanti Pradhan) while she was going for herding the cows and by the result of such assaults made by the petitioner, she (injured-Abanti Pradhan) sustained severe injury on her head but fortunately, her villagers rescued her. Thereafter, the daughter of the injured lodged the FIR and basing upon such FIR, a case was registered and the investigation was started. During the investigation, the petitioner could not be arrested, for which, charge sheet has been submitted showing him as absconder and N.B.W. was issued against him (petitioner). The said N.B.W. was executed against him (petitioner) on dated 14.03.2024 and was produced before the Court and since then, he (petitioner) is in custody.

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The learned Senior Counsel for the petitioner submitted for liberal consideration of his bail contending that, his co-accused i.e. Khetrabasi @Khetramohan Barik has already been allowed to go on bail and the investigation of the case has already been completed and the petitioner is in custody for more than 8 months, to which, the learned ASC for the State as well as learned counsel for the informant vehemently objected contending that, in case of release of the petitioner on bail, there is every possibility of threat to the life the informant and the injured, because, the petitioner shall try to kill them. Because, a case is continuing against him (petitioner) on the basis of the protest petition made by the informant in a murder, because, in that case, the petitioner was not charge sheeted.

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When the co-accused of the petitioner has been released on bail and when the investigation of the case has already been completed and when the petitioner is in custody for about 8 months, then, by taking the above factors into account, it is felt proper to allow the petitioner to go on bail with stringent conditions looking to the future safety and security of the informant, victim/injured as well as the interest of the

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prosecution.

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Hence, the bail application filed by the petitioner is allowed.

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He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the court in seisin over the matter with conditions that:-

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(i) he (appellant) shall not involve with similar nature of crime in future.

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(ii) he (appellant) shall appear before the trial court personally on each date of adjournment of the case without fail till the conclusion of trial.

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(iii) he (appellant) shall appear before the IIC, Naikanidihi police station on each Sunday, till the conclusion of the trial of the case.

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(iv) he (appellant) shall not terrorize, coerce, influence or threat to the informant, injured or her family members and witnesses either directly or indirectly in any manner whatsoever at any stage of the trial of the case but, in case of his failure to comply any one of the aforesaid conditions, the learned trial court is authorized to cancel his bail order outrightly without seeking any permission from this Court for the same.

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A copy of this Order be sent to the IIC, Naikanidihi police station for his information and compliance on the basis of the direction given in this Order.

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