IN THE COURT OF THE 2nd ADDL. SESSIONS JUDGE, PURI.
B.A. No.156 /689 of 2022
(Arising out of G.R. Case No.54 of 2022, corresponding to Chandanpur P.S. Case No. 27 of 2022 pending in the file of learned Nyayadhikari Grama Nyayalaya, Puri)
Dilu @ Dillip Maharana, aged about 28 yrs.,
S/o-Ajaya Moharana,
At.-Balisahi, PS-Puri Town,
Dist-Puri
โฆ….. Petitioner
-VersusState of Orissa โฆ…..Opp. Party
Dateย ; 12.05.22
The record is received from the Court of the learned Sessions
Judge, Puri and taken to my file. Heard both the sides.
The learned counsel has furnished a certificate that no other bail
petition is pending before any other court having concurrent jurisdiction.
The petitioner being involved in GR case No. 54 of 2022,
corresponding to Chandanpur P.S. Case No. 27 of 2022 pending in the
file of learned Nyayadhikari Grama Nyayalaya, Puri for offences
punishable u/s.341/326/307/34 of IPC has filed this application U/s.439
of Cr.P.C. for his release on bail.
The learned counsel appearing for the petitioner submitted that
the allegation against the petitioner is false and fabricated. It is
submitted that the petitioner is in jail custody since 24.01.2022. He is a
permanent resident of Puri town. So there is no chance of his
absconding. There is substantial progress in investigation. Two other coaccused persons have already been released on bail. The injuries sustained by the injured are simple in nature. Under these submissions,
the learned counsel prayed to release the petitioner on bail. On the other
hand the learned Addl. P.P. objected the motion for bail.
Perused the case record. It is alleged that on 23.01.2022 at about
10.45 p.m., while the brother of the informant was proceeding to attend
a feast in the village temple, the petitioner along with three others
restrained him and assaulted him. It is alleged that the petitioner pierced
a โBhujaliโ at the abdomen of the injured. The injured was shifted to
Chandanpur hospital and then to DHH, Puri and as his condition was
critical he was referred to SCB Medical College, Cuttack. The injury
report reveals that the injured has sustained a stab wound at his
abdomen, though it is stated to be simple in nature.
From the materials so far collected, the petitioner can be safely stated to have committed an
offence u/S.307 of IPC. This court has rejected the bail application of
the petitioner vide order dtd.04.04.2022 in BA No.90/160 of 2022.
Investigation is going on. There is no change in circumstance of the
prosecution case to have a lenient view. Thus, having regard to the
nature and gravity of the offences, the severity of punishment and the
manner of commission of the same, I am not inclined to release the
petitioner on bail. Accordingly, the bail petition stands rejected.
Issue free copy of this order to the petitioner if applied for.
Send back the LCR along with extract of this order to the
concerned court for information and necessary action.
Dictated
Sd/-.A.R. Jena,
2 nd Addl. Sessions Judge, Puri.