Kunjalata Pradhan @ Kunja Pradhan Vs State of Odisha

Ord No.	er		ORDER 20.02.2025
F.I.R. No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0288	27.06.2024	Rajkanika	Rajkanika P.S. Case No.288 of 2024 corresponding to G.R. Case No.688/2024 pending in the Court of the learned J.M.F.C.,Aul	Sections 302/427/323/324/354/379 /34 of the IPC

¶12

¶13

1 . This matter is taken up through hybrid arrangement.

¶14

2 . Heard learned counsel for the Petitioners and learned

¶15

counsel for the State.

¶16

Page 1 of 4

¶17

3 . The Petitioners being in custody in connection with Rajkanika P.S. Case No.288 of 2024 corresponding to G.R. Case No.688/2024 pending in the Court of the learned J.M.F.C., Aul, registered for the alleged commission of offence under Sections 302/427/323/324/354/379/34 of the IPC, have filed this application for their release on bail.

¶18

4 . The brief fact of the case is that on 26.06.2024 at 2.30 P.M., the Petitioners along with thirty others under the direction of Arun Rout and Maheswar Nayak in group entered into the house of the informant and removed two boxes from there. When the deceased protested, she was assaulted with a crow bar on her head. She lost sense and fell down with the profuse bleeding on the head. When the other family members intervened in the incident, they were also brutally assaulted by the accused persons. The informant called the ambulance for shifting the injured persons including the deceased to the hospital for medical treatment but the group did not allow ambulance to move for about two hours for which the deceased expired on the way to the hospital. The other injured persons were shifted to Cuttack hospital for better treatment. In the F.I.R., the names of sixteen persons including the name of the Petitioner was mentioned and it is also mentioned that fifteen others standing nearby had taken part in the crime.

¶19

Page 2 of 4

¶20

On the basis of such, an F.I.R. Rajkanika police has registered P.S. Case bearing No.288 of 2024.

¶21

5 . Learned counsel for the Petitioners contends that the

¶22

Petitioners are no way connected in the alleged crime. They have been falsely implicated in this case. They were only present at the time of incident and there is no evidence to the role played by the Petitioners.

¶23

6. At this juncture, learned counsel for the Petitioners submits that the Petitioners may be enlarged on bail since they have no role in the death of the deceased.

¶24

7 . Considering the submissions made on behalf of both the parties and without going into the merits of the case, this Court directs the court in seisin over the matter to release the Petitioners on bail in the aforesaid case on some stringent terms and conditions with further conditions that:

¶25

i. the Petitioners shall plant 100 saplings of local variety like mango, neem, tamarind etc. each around their village over the Government land/community land/private land, if it is in the possession of the Petitioners or their family members;

¶26

ii. the Petitioners shall appear before the concerned local Police Station on every Monday between 10.00A.M. to 1.00P.M. till conclusion of the trial;

¶27

Page 3 of 4

¶28

iii. the Petitioners shall not indulge themselves in any criminal activities in future;

¶29

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

¶30

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

¶31

8. The I.I.C of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioners have planted the saplings or not.

¶32

9. It is further made clear that the Petitioners shall file an affidavit after plantation of the saplings before the local Police Station assuring that they shall maintain those saplings for two years. The said affidavit shall be filed within three months from the date of presentation of a certified copy of this order.

¶33

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

¶34

11. The BLAPL is, accordingly, disposed of.

¶35

(Dr. S.K. Panigrahi)

¶36

Judge

¶37

Signature Not Verified

¶38

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Gitanjali Location: OHC Date: 21-Feb-2025 18:23:15