Dhiru @ Dhiru Mania @ Dhiren Behera Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

Dhiru @ Dhiru Mania @ Dhiren Behera (In BLAPL No. 9253 of 2023) Surath Mania @ Kalia and others (In BLAPL No.10448 of 2023) … Petitioners

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Mr. A. Mohanty, Advocate (In BLAPL No. 9253 of 2023) Mr. B.P. Pradhan, Advocate (In BLAPL No. 10448 of 2023)

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Order No. 08.

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-versus-
State of Odisha Opposite Party
Mr. S.S. Kanungo, AGA
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
13.02.2024

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.

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These are applications U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Begunia P.S. Case No.84 of 2023 arising out of G.R. Case No. 305 of 2023 and S.T. Case No. 106 of 2023 pending in the file of learned JMFC(Cog.) Sessions Judge, Khurda and 1^st Addl. Sessions Judge, Khurda,

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for commission of offences punishable under Sections 364/302/120-B/109/34 of IPC, on the allegation of abducting the deceased Pradeep Baliarsingh and committing his murder along with co-accused persons in furtherance of their common intention.

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In highlighting two issues of prior enmity and lack of intention to commit murder, Mr. B.P. Pradhan, learned counsel for the Petitioner in BLAPL No. 10448 of 2023 submits that although the death of the deceased might be homicidal, but in fact none of the Petitioners had any intention to kill the deceased, rather the materials collected by the Investigating Agency would only go to disclose some omnibus allegation against the Petitioners and the FIR was lodged against 33 persons, but charge-sheet was submitted against 11 persons by keeping the investigation open in respect of rest of the accused persons and, therefore, by taking into consideration, even if there appears some materials against the Petitioners, but that would not be sufficient to detain the Petitioners in custody further, especially when the charge-sheet has already been placed. Accordingly, Mr. Pradhan prays to grant bail to the Petitioners in BLAPL No. 10448 of 2023.

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On the other hand, Mr. A. Mohanty, learned counsel appearing for the Petitioner in BLAPL No. 9253 of 2023 submits that there is some omnibus allegation against the Petitioner and that would not

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be sufficient to detain the Petitioner further in custody and he, therefore, prays to grant bail to the Petitioner.

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Mr. S.S. Kanungo, learned AGA by drawing attention of the Court to the PM report and cause of death of the deceased submits that not only the deceased was indiscriminately assaulted, but also the oral dying declaration and the materials collected by the investigating agency are sufficient to disclose the complicity of the Petitioners in this case and, therefore, the Petitioners having involved in a gruesome murder of the deceased should not be enlarged on bail.

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After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the Petitioners, so also the accusations sought to be brought against the petitioners and taking into account the opinion of the Doctor as to cause of the death of the deceased and regard being had to the mode and manner of assault on the deceased and the supporting materials collected by the Investigating Agency in the course of investigation and on going through the materials placed on record including the oral dying declaration of the deceased, this Court is not inclined to grant bail to the Petitioners.

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Hence, these bail applications of the petitioners’ stands rejected.

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