Dismissed¶27

Shiba Nahak@Das v. State of Odisha

Orissa HC22 Apr 2025BLAPL/2231/2025

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; BLAPL No.2231 of 2025; bail rejected/dismissed; petitioner Shiba Nahak @ Das; S.T. Case No.143 of 2024; Kotinada P.S. Case No.108 of 2024; Addl. Sessions Judge, Aska; Sections 341, 294, 323, 506, 302 IPC; death of Rushi Nahak on 06.04.2024; custody since 07.04.2024; trial commenced, four witnesses including informant examined; gravity of accusation, character of evidence, stringent punishment; decided by Dr. Justice S.K. Panigrahi on 22.04.2025.

What did the court decide?

Considering the nature of gravity of the accusation, character of evidence appearing against the petitioner and the stringent punishment provided, this Court is not inclined to release the petitioner on bail. ¶26

Shiba Nahak@Das Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2231 of 2025

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Shiba Nahak @ Das

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Petitioner

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Mr.S.S.Ray, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr.Pradipta Satpathy, ASC

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CORAM:

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DR. JUSTICE S.K.PANIGRAHI

ORDER

Order No.

22.04.2025

F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
108	06.04.2024	Kotinada	S.T Case No.143 of 2024 pending in the court of learned Addl. Sessions Judge, Aska	Sections 341, 294, 323, 506, 302 of IPC.

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1. This matter is taken up through hybrid arrangement.

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2. Heard learned counsel for the parties.

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3. The petitioner being in custody in connection with S.T. Case No.143 of 2024 arising out of Kotinada P.S. Case No.108 of 2024, pending in the court of the learned Addl. Sessions Judge, Aska, registered for the alleged commission of offence under Sections 341, 294, 323, 506,

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302 of IPC, has filed this petition for his release on bail.

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4. The prosecution case in short is as follows:

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On 06.04.2024, the informant-Gayatri Nahak lodged a written report before the police alleging therein that on that day at about 9 pm the petitioner came near her house and started abusing the mother-in law of the informant under the influence of liquor. Seeing this, when the husband of the informant named Bahana Nahak opposed to the same, the petitioner gave him push and pull. It is alleged that at that point of time when the brother of the informant named Rushi Nahak interfered into the matter and tried to separate them, the petitioner gave a push to him for which he fell down on the ground sustaining bleeding injuries and became senseless. Immediately thereafter he was shifted to the nearby hospital. But, he was declared dead by the doctors. Based on the aforesaid allegations, the Kotinada P.S.Case No. 108/2024 was registered and police investigated into the matter.

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5. Learned counsel for the petitioner submits that the allegations leveled against the petitioner are untrue and concocted. He further submits that the petitioner is in custody since 07.04.2024. Trial of the case has already been commenced, four witnesses including the informant have been examined. Hence, he submits that the petitioner may be released on bail.

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6 . Learned counsel for the State vehemently opposes the prayer for bail of the petitioner stating that trial of the case is going on smoothly and if at this stage the petitioner is released on bail, there is every possibility of terrorizing the other prosecution witnesses and there is every possibility of his absconding. Hence, the prayer for bail of the petitioner may not be entertained.

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7. Considering the nature of gravity of the accusation, character of evidence appearing against the petitioner, the stringent punishment provided, this Court is not inclined to release the petitioner on bail.

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8. Accordingly, the BLAPL is dismissed.

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(Dr. S.K.Panigrahi) Judge

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Bichi

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Signature Not Verified

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Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 23-Apr-2025 18:41:28

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