IN THE HIGH COURT OF ORISSA: CUTTACK
S. K. SAHOO, J.
BLAPL NO. 2661 OF 2015
(Date of Judgment : 27.07.2015)
Applications under Section 439 of the Code of Criminal Procedure, 1973.
Laxman Bachha … Petitioner
Versus
State of Orissa … Opp. Party
To be satisfied about a prima facie case is not the same as an exhaustive exploration of the merits in the order itself. When the application is made at the investigation stage, what are the considerations that should weigh with the Court are in quite contrast with the stage when matters are more stable, as in the case where the charge sheet is already filed or in a case where the trial is already in progress and those considerations that are brought to bear at a later stage should not at any rate be brought into focus on material which is gathered during investigation while it is in progress. The power to grant bail should not be exercised as if the punishment before trial was being imposed and even where prima facie case is established, the approach of the Court in the matter of bail should not be that the accused should be detained by way of punishment.
JUDGMENT
S.K.SAHOO, J. - The petitioner in BLAPL No. 2661 of 2015 namely, Laxman Bachha has filed this application under Section 439 Cr.P.C. for bail as his prayer for bail was rejected by the learned Sessions Judge, Kalahandi, Bhawanipatna vide order dated 13.5.2015 in Bail Application No.71 of 2015.
The petitioner in BLAPL No. 2667 of 2015 namely, Srikanta Kishore Mallick has filed this application under Section 439 Cr.P.C. for bail as his prayer for bail was rejected by the learned Sessions Judge, Kalahandi, Bhawanipatna vide order dated 15.5.2015 in BLAPL No.74 of 2015.
The petitioner in BLAPL No.2865 of 2015 namely, Prasanna Kumar Dora has filed this application under Section 439 Cr.P.C. for bail as his prayer for bail was rejected by the learned Sessions Judge, Kalahandi, Bhawanipatna vide order dated 13.5.2015 in BLAPL No.73 of 2015.
Since all these bail applications arise out of Bhawanipatna Town P.S. Case No.99 of 2015 registered under Sections 364, 307, 120-B read with Section 34 Indian Penal Code corresponding to C.T. Case No.374 of 2015 pending in the Court of learned S.D.J.M., Bhawanipatna, with the consent of the parties, the bail applications were heard analogously and the same are disposed of by this common order.
2. On 27.4.2015 one Sarat Chandra Pradhan of Air Strip Road, Utkela, P.S.-Kesinga lodged a First Information Report before Inspector-in-Charge, Town Police Station, Bhawanipatna stating therein that on 26.4.2015 (Sunday) at about 11.30 a.m., his daughter “S.P.” (hereafter “the victim”), who was aged about 24 years had been to Bhawanipatna to meet the President of her political party namely, Dusmant Nayak and Advocate Kunal Behera and after having discussions with both of them, she was returning home. On the way, a man came in a red colour four wheeler vehicle and approached her and intimated her that her father (the informant) had met with an accident. Before the victim could able to ascertain the details, she was forcibly taken inside the car and the vehicle moved towards a hilly area. The unknown persons present in the vehicle gagged her mouth and assaulted her. The victim could know from the talk amongst the kidnappers that it is the co-accused Surendra Panda who happens to be the husband of one Diptimayee Panda was involved in her kidnapping. The kidnappers were talking amongst themselves to kill the victim after committing rape on her and even they tried to strangulate the victim after receiving a phone call. The victim tried to escape from the clutches of the kidnappers but she was caught and then assaulted as a result of which she became senseless. The police subsequently rescued the victim in a senseless condition. At about 11.00 p.m., getting intimation from the police, the informant came to Bhawanipatna Hospital and found the victim in a critical condition. The informant had a talk with the victim. After taking with the victim, the informant suspected that in the kidnapping of the victim, accused Surendra Panda and his wife Diptimayee Panda were involved and it is as per their conspiracy that the crime had been committed. The informant mentioned in the FIR that the mobile phone, Pan Card, ATM card, gold ornaments and money purse of the victim were also missing.
On the basis of such First Information Report, Bhawanipatna Town P.S. Case No. 99 of 2015 was registered on 27.4.2015 under Section 364, 307, 120-B read with Section 34 Indian Penal Code against accused Surendra Panda and three other unknown persons.
The Inspector-in-charge handed over the investigation of the case to S.I. of police Ansupa Behera.
3. During course of investigation, the victim was examined on 27.4.2015. In her statement, the victim stated that she met Diptimayee Panda about two years prior to the incident in a training programme. She visited the house of Diptimayee Panda during course of which she also met the husband of Diptimayee Panda, namely Surendra Panda, who was serving in the State Bank of India. The victim requested
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