Rakesh Kumar Moharana Vs State of Odisha

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jun-2024 15:30:34

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.5695 of 2024 Rakesh Kumar Moharana ….

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…. Petitioner

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Mr. Sobhan Panigrahi, Adv. Mr. S.S. Dash, Adv.

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-versus-

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…. State of Odisha Opposite Party

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Mr. Shashanka Patra, ASC

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CORAM:

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DR.JUSTICE S.K. PANIGRAHI

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Ord No.	er	0	ORDER 6.06.2024
F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
223	5.4.2024	Kamakhyanagar	Kamakhyanagar P.S. Case No.223 of 2024 corresponding to G.R. Case No.395 of 2024 pending in the court of learned S.D.J.M., Kamakhyanagar	Sections 395/ 120(B) of the I.P.C. read with Sections 25/27 of the Arms Act and Sections/ 3/ 4 of the Indian Explosive Substances Act.

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1 . This matter is taken up through hybrid arrangement.

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

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3 . The Petitioner being in custody in connection with Kamakhyanagar P.S. Case No.223 of 2024 corresponding to

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jun-2024 15:30:34

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G.R. Case No.395 of 2024, pending in the court of learned S.D.J.M., Kamakhyanagar, registered for the alleged commission of offences under Sections 395/ 120(B) of the I.P.C. read with Sections 25/27 of the Arms Act and Sections/ 3/ 4 of the Indian Explosive Substances Act, has filed this petition for his release on bail.

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4 . The facts of the case is that on 05.04.2024 one Sipu Behera lodged a written report at Kamakhyanagar Police Station alleging therein that on that day the informant along with two others went to Jiral Weekly Market in a Bolero Vehicle bearing Registration No.OD-llAC- 2077 for purchasing a bull. The informant along with another went inside the market and the driver Lalit Kumar Gochhayat was alone in the vehicle. It was alleged that at that time four persons whose faces were covered with masks reached there and hurled a bomb towards the vehicle. They threatened the driver on gun point and forcibly took away the vehicle along with a sum of Rs.2,40,000/- which was kept inside the vehicle.

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5. Based on the aforesaid report, Kamakyanagar P.S. Case No.223 of 2024 was registered against four unknown persons for the offences punishable under Section 394/34 I.P.C. read with under Sections 25/27 of Arms Act and Section 3/4 of the Indian Explosive Substances Act.

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jun-2024 15:30:34

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6. During the course of investigation, the present Petitioner was arrested on 15.05.2024. After apprehension of the Petitioner, the case was turned to be a case under Section 395/120(B) I.P.C. read with Sections 25/27 Anus Act and Section 3/4 of the Indian Explosive Substances Act.

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7. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case. He further submits that during the course of investigation one Lipun Sasmal was apprehended and during interrogation he has stated that he along with three other persons committed the offence on the direction of one Rakesh Natha who is in jail custody in connection with another case. So far as the present Petitioner is concerned, it was alleged that his cousin brother named one Gudu @ Debasis Sahoo is in jail custody and on his direction the present Petitioner obtained money as well as SIM cards from one of the co-accused and handed over the same to his cousin brother who handed over the same to the principal accused Rakesh Natha under whose direction the offence was committed. However, there is absolutely no material available on record to show that there was any meeting of mind among the present Petitioner and other co-accused persons for committing the alleged offence. The Petitioner has been implicated in the present case on the basis of co-accused statement which is not admissible in evidence. That apart, the

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jun-2024 15:30:34

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Petitioner has no criminal antecedents and is a student of Sri Biswaguru Law College, Cuttack. Hence, he submits that the Petitioner may be enlarged on bail.

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8 . Learned counsel for the State vehemently opposes the bail prayer of the Petitioner.

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9 . Without going into the merit of the case and considering the submissions made by the learned counsel for the parties and having scrutinized the record and considering the fact that the Petitioner is a Law Student, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that:

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i. the Petitioner after the onset of monsoon, shall plant 50 saplings of local variety like mango, neem, tamarind etc. around his village/ locality over the Government land/community land/ private land, if it is in the possession of the Petitioner or his family members;

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ii. the Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.;

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iii. the Petitioner shall not indulge herself in any criminal activities in future;

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iv. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner;

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Violation of any of the above conditions shall entail cancellation of the bail.

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Designation: Sr.Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Jun-2024 15:30:34

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10. The I.I.C of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

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11. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years.

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12. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner.

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13. The BLAPL is, accordingly, disposed of.

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(Dr. S.K. Panigrahi) Vacation Judge

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Sangram

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Rakesh Kumar Moharana v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rakesh Kumar Moharana v. State of Odisha

Case brief

What is this about?

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Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

Coram

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