Orissa High Court
Chaitanya Patel vs State Of Odisha on 30 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 12062 of 2023
Chaitanya Patel ..... Petitioner
Mr.Saroj Kumar Padhy, Advocate
Vs.
State of Odisha ..... Opposite Party
Mr.S.S.Pradhan, AGA
CORAM:
JUSTICE SAVITRI RATHO
ORDER
30.10.2023
Order No. (Through hybrid mode)
01.
1. This application under Section 439 of Cr.P.C. has been
filed in connection with Balangir Sadar P.S. Case No.381 of
2023 corresponding to G.R. Case No.1456 of 2023, pending in
the file of learned S.D.J.M., Balangir under Sections 341, 147,
323, 324, 325, 307, 149 of IPC.
2. The prayer for bail of the petitioner has been rejected
vide order dated 10.10.2023 by the learned Sessions Judge,
Balangir.
3. The allegation against the petitioner in brief is that on
24.09.2023 at about 8.00 p.m. when a meeting was going on in
the village, the present petitioner alongwith other accused
persons came and created disturbances and attacked the
informant and others with sharp cutting weapons and as a result
Brundabana Patel, Bhubaneswar Patel, Umakanta Patel,
Prasanta Kumar Patel, Om Prakash Patel and Karunakar Patel
were injured.
4. Mr. S.K.Padhy, learned counsel for the petitioner submits
that the petitioner is in custody since 25.09.2023 and specific
allegation against him is that he has assaulted one Brundaban
Patel on his foot with sharp cutting weapon and Brundaban
Patel has sustained simple injury on his foot. He further submits
that Lekru Patel and Jhekru Patel have been released on bail by
the learned court below by the same impugned order in view of
their age. He also submits that though the petitioner is stated to
have four criminal antecedents, he has been acquitted (i)
Balangir Sadar P.S. Case No.310 of 2010 corresponding to
G.R. Case No.824 of 2010 under Sections 147, 148, 294, 354,
149 of IPC vide judgment dated 13.08.2018 and (ii) he is not an
accused in Balangir Sadar Sadar P.S. Case No.36 of 2012
which corresponds to G.R. Case No.112 of 2012 in the file of
the learned J.M.F.C.-I, Balangir. The accused persons Lekru
Patel, Jhekru Patel and Tikru Patel who faced trial in the said
case have been acquitted vide judgment dated 22.07.2022 (iii)
Balangir Sadar P.S. Case No.560 of 2022 is a case under
Section 294, 323, 325, 341, 506, 34 of IPC and he has been
released on bail in that case and (iv) Balangir Sadar P.S. Case
No.236 of 2023 corresponds to G.R. Case No.1740 of 2023
which is pending before the learned S.D.J.M., Balangir and is
under Sections 294, 506/34 of IPC in which the petitioner has
been released on bail.
5. Mr. S.S.Pradhan, learned Addl. Government Advocate
opposes the prayer for bail stating that the petitioner is in the
habit of creating trouble in the village and in the present case he
along with other co-accused persons they have attacked the
villagers who had attended the village meeting. He further
submits that the investigation is in progress.
6. Considering the nature of allegation against the petitioner
and the nature of criminal antecedents of the petitioner, I am
inclined to allow the prayer for bail.
7. Let the petitioner- Chaitanya Patel be released on bail by
the learned court below in seisin over the matter in the
aforesaid case on such terms and conditions as may be deemed
fit and proper by him/her, including the following conditions:
(i) He shall not be involved in any criminal activity.
(ii) He shall cooperate with the investigation and report
before the IIC, Bolangir Sadar Police Station once in every
Monday between 3.00 p.m. to 5.00 p.m. till submission of
charge sheet.
Violation of any conditions will entail cancellation of
bail.
8. The BLAPL is accordingly allowed.
9. Urgent certified copy of this order be granted as per
rules.
..............................
(SAVITRI RATHO)
JUDGE
Bichi
Signature Not Verified
Digitally Signed
Signed by: BICHITRANANDA SAHOO
Designation: Personal Assistant
Reason: Authentication
Location: Orissa High Court
Date: 30-Oct-2023 19:20:59
