Tungi @ Dibas Naik Vs State of Odisha

F.I.R No.	Dated	Police Station	Case Court	No. and s’ Name	Sections
259	11.07.2023	Banarpal	C.T. Case 2023, the learne Addit	(Sessions) No.320 of pending in Court of d ional	U/s 302,147, 148, 120(B), 506, 404, 201, 149 of the I.P.C. read with
			Sessio Angul	ns Judge,	Section - 25 of the Arms Act.

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1. This matter is taken up through hybrid arrangement.

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2. The Petitioner, who is in custody in connection with Banarpal P.S. Case No.259 of 2023, corresponding to C.T. (Session)

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Case No. 320 of 2023, pending in the Court of learned Additional Sessions Judge, Angul, and registered for the alleged commission of offences under Section 302,147, 148, 120(B), 506, 404, 201, 149 of the I.P.C. read with Section - 25 of the Arms Act, has filed this petition seeking release on bail.

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3. The brief fact of the case is that on 11.07.2023, the informant namely Damodar Naik lodged a written report before the I.I.C. Banarpal Police Station stating and alleging therein that on 11.07.2023 at about 2 p.m., the quarrel was ensued between the deceased and one Sushanta Naik in front of the house of Madan Naik. Basing on the dispute i.e. cattle had eaten the paddy plant, at that time the petitioner reached there and she also started quarrel with Phadi Naik. Then the petitioner and her husband returned back to home. After some time the petitioner went to the house of the Phadi Naik and called him to her house for settlement of the dispute. On seeing this the complainant along with his brother Kalia Naik, Meghni Naik followed the deceased and subsequently they found one Tungi Naik had hacked to Phadi Naik by means of Iron katuri in front of their house then Tungi Naik, Tukulu Naik, Sushanta Naik, Puspa Naik and Shakti Naik combined dragged the deceased in front of the house and assaulted him by means of iron katuri and stabbed him by means

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of sharp cutting weapons for several times as a result of which the deceased died at the spot. While the complainant along with his brother and sister tried to rescue the deceased the accused persons chased him for which they could not reached at the spot.

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4. Learned counsel for the petitioner submits that the petitioner has been languishing in custody since 24.07.2023 and in the meantime, charge sheet has already been submitted on 04.11.2023. He further submits that due to land dispute between the parties, the Petitioner has been entangled in this case. He further submits that since in the meantime, trial of the case is yet to commence. In view of all these above, as according to him, there remains no scope on the part of the Petitioner to flee from justice and the question of tampering the evidence at this stage does not arise as also the trial of the case is not expected to complete so soon; he urges for consideration of the prayer for grant of bail to the Petitioner.

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

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6. Taking into account the submissions made; further keeping in view the surrounding circumstances especially, the period of detention of the Petitioner in custody; this Court, for the present, is inclined to dispose of this application by granting

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interim bail to the Petitioner for a period of two (02) months with effect from the date of his actual release from custody on such terms and conditions as the learned Court in seisin of the case deems just and proper with further condition that:-

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