Orissa High Court
Kailash Naik vs State Of Odisha …. Opposite Party on 24 December, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10465 of 2024
Kailash Naik .... Petitioner
Represented By Adv.
Mr. Subhasish Satapathy
-versus-
State of Odisha .... Opposite Party
Represented By ASC
Mr. Manoj Kumar
Mohanty
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No.03 24.12.2024
F.I.R Dated Police Case No. and Sections
. No. Station Courts' Name
0427 08.08.2020 Bhanjanagar S.T. Case No.51 Section
of 2021 arising 307/302/147/
out of G.R. Case 148/149 of
No.793 of 2020 IPC read
corresponding with Section
to Bhanjanagar 3/4/5 of
P.S. Case Explosive
No.427 of 2020 Substance
pending in the Act.
court of learned
Additional
Sessions, Judge,
Bhanjanagar
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1.
This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner is in custody in connection with S.T. Case
No.51 of 2021 arising out of G.R. Case No.793 of 2020
corresponding to Bhanjanagar P.S. Case No.427 of 2020
pending in the court of learned Additional Sessions, Judge,
Bhanjanagar, registered for the alleged commission of
offence under Sections 307/302/147/148/149 of IPC read
with Section 3/4/5 of Explosive Substance Act. has filed
this petition for his release on bail.
4. It is alleged in the FIR that on 07.08.2020 at about 6.30
P.M. the petitioner abused some boys of informant’s street
due to previous rivalry. Soon after some other persons
joined Kalu and they collectively came to assault the boys.
When the informant’s brother and others were running
away, the accused persons threw bombs at them for which
informant’s brother Krushna Gouda sustained severe
injury on his legs. He was shifted to Berhampur Medical
where he succumbed to his injury. After completion of
investigation, charge sheet has been submitted against
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twenty three accused persons including the present
petitioner under Sections 147/148/307/302/149 IPC read
with Section 3/4/5 of E.S.Act.
5. Learned counsel for the petitioner submits that the
allegations leveled against the petitioner are untrue and
concocted.
6. Learned counsel for the State vehemently opposes the
bail prayer of the petitioner with the submission that the
present petitioner is the prime accused who had hurled
the bomb and directly linked with the commission of the
offence.
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.
8. Accordingly, the BLAPL is dismissed.
9. Issue urgent certified copy of the order pas per Rules.
(Dr. S.K. Panigrahi)
Judge
Sumitra
Signature Not Verified
Digitally Signed
Signed by: SUMITRA NAYAK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Dec-2024 14:10:47
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