Kalia @ Deepak Thela Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 970 of 2024

Kalia @ Deepak Thela ….. Petitioner Mr. Jugal Kishore Panda, Adv. Vs. State of Odisha ….. Opp. Party Mr. S. S. Mohapatra, A.S.C.

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CORAM:

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JUSTICE SAVITRI RATHO

ORDER

22.02.2024

Order No.

(Through hybrid mode)

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This is the second application under Section 439 of the Cr.P.C. in connection with Ghantapada P.S. case No. 77 of 2023 corresponding to C.T. Case No. 280 of 2023 pending in the Court

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of the learned J.M.F.C., Kantamal, where charge sheet dated 02.12.2023 has been submitted against the petitioner, coaccusedSatya Rana, Uttar Majhi, Chhabila Mallik, Ghanashyam

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Matali and Biranchi Rana, showing Satya Rana, Uttar Majhi and Chhabila Mallik as absconders, for commission of offences punishable under Section 450,395 of the IPC.

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The earlier application of the petitioner BLAPL No. 12651

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of 2023 filed by the petitioner had been dismissed on 10.11.2023, granting liberty to the petitioner to move for bail afresh after completion of the investigation.

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The prayer for bail thereafter been rejected on 20.01.2024 passed by learned Additional Sessions Judge, Kantamal in BLAPL No. 04 of 2024.

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The prosecution allegation in brief is that on 10.09.2023 at about 11.00 PM, when the informant Iswar Rana was sleeping in his house, 6 to 7 persons entered his house, removed his clothes and tied him with his wearing cloth. Thereafter they kicked him

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and dealt fist blows and took away Rs. 25,000/- from his box and three goats. Although, the informant could recognize the present petitioner, but out of fear, he did not utter his name. The value of each goat was stated to be Rs.20,000/-. He was rescued by his son Rabindra Rana on 11.09.2023 and taken to the Ghantapada PHC for treatment.

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Mr. J. K. Panda, learned Counsel for the petitioner submits that the petitioner is in custody since 12.09.2023 and in the meanwhile investigation has been completed and during investigation all the three goats have been recovered and restored to the informant which would be apparent from the contents of the charge sheet which has been annexed as Annexure-2 to the bail application. He further submits that the charge sheet also reveals

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that the informant had sustained simple injuries and in view of the allegation that no weapons have been used and only fist blows and kicks had been dealt on the informant and he has no criminal antecedents, the prayer for bail of the petitioner may be sympathetically considered.

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Mr. S. S. Mohapatra, learned Additional Standing Counsel opposes the prayer for bail stating that the petitioner has been recognized by his voice by the informant and since this is a heinous offence, he should not be released on bail.

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Considering the nature of allegations against the petitioner,

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the submission that the petitioner does not have any criminal antecedents, and as the three goats stolen by the petitioner and his associates have already been recovered and the informant has sustained simple injuries, I am inclined to allow the prayer for bail of the petitioner.

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The petitioner Kalia @ Deepak Thela shall be released on

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bail on such terms and conditions as deemed fit and proper by the

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learned Court below in seisin over the matter, after verifying that he has no criminal antecedents, including the following conditions:

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(i) He will not indulge in any criminal activity while on bail.

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(ii) He will not threaten or try to influence prosecution witnesses

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while on bail.

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(iii) He will appear in the trial Court on each date it if fixed for trial unless his appearance is dispensed with by the learned trial Court under Section 317 of the Cr.P.C. on any particular day.

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