IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10748 of 2024 Susa @ Susanta Baliarsingh @ …. Petitioner Susana Baliarsingh Mr. Jyotirmaya Sahoo Advocate -versus-

State of Odisha …. Opp. Party Ms. Sarita Moharana, Additional Standing Counsel CORAM:

JUSTICE SAVITRI RATHO Order No. ORDER

07.02.2025 (Through Hybrid Mode)

05. 1. This is second application under Section 439 of Cr.P.C. in connection with Jankia P.S. Case No.235 of 2023 corresponding to G.R. Case No.785 of 2023 pending in the Court of learned J.M.F.C.

(Cog.), Khurda.

2. The petitioner along with other accused persons, namely, Gobinda Jena, Chandan Biswal @ Chadrasekhar, Jagannath Baral, Pintu @ Bidubhusan Kar and another unknown persons are facing trial in the Court of learned 2^nd Additional Sessions Judge, Khurda in S.T. Case No.77 of 2024 for commission of offences punishable under Section 307/506/324/325/326/120-B/34 of the I.P.C. read with Sections 25 & 27 of the Arms Act. Earlier the bail application of the petitioner, i.e., BLAPL No.12102 of 2023 has been dismissed granting liberty to the petitioner to move for bail after examination of the injured in the trial or if there was undue delay in examination of the injured in the trial. Thereafter, the petitioner has moved the learned trial Court for bail, which has been rejected on

24.09.2024.

3. The prosecution allegation in brief is that on 24.07.2023, the present petitioner along with the other accused persons and another unknown person made a conspiracy in the house of Pintu @ Bidubhusan Kar. On 25.07.2023 at about 6.00 AM when the injured Biroj Kumar Rath @ Butuna had gone for a morning walk, he was assaulted by the accused persons and the un- known accused by means of swords. As a result of which he sustained 22 incised bleeding injuries including two fractures. Thinking that he had died the accused persons left the spot on two motorcycles. After the informant reached the spot, the injured was shifted to SUM Hospital. He regained his consciousness on the way and named the co-accused Gobinda Jena, Chandan Biswal and Jagannath Baral to have assaulted him with sword.

4. Mr. Jyotirmaya Sahoo, learned counsel for the petitioner submits that the petitioner is in custody since 04.09.2023 and number of witnesses have been examined, but the injured Biroj Kumar Rath @ Butuna in spite of service of summon is not appearing in the Court for adducing evidence. He further submits that it has been alleged that the petitioner has 28 criminal antecedents and the cases with their status have been indicated but in the affidavit dated 19.12.2024 filed by Bibhuti Baliarsingh, who is the elder brother of the petitioner. The cases indicated in the affidavit are as follows:-

“(i) Nirakarpur P.S. Case No – 127 dtd. 18.09.2014 U/S –

47(a) B & O Excise Act (Judgment – Acquitted)

(ii) Nirakarpur P.S. Case No – 145 dtd. 21.10.2014 U/S –

47(a) B & O Excise Act (Judgment – Acquitted)

(iii) Nirakarpur P.S. Case No – 27 dtd. 20.03.2018 U/S –

47(a) B & O Excise Act (Judgment – Acquitted)

(iv) Nirakarpur P.S. Case No – 36 dtd. 23.04.2016 U/S –

47(a) B & O Excise Act (Judgment – Acquitted)

(v) Nirakarpur P.S. Case No – 116 dtd. 22.08.2014 U/S – 147/148/448/427/354/323/307/506/149 IPC & 9(b) I.E. Act (Regular Bail)

(vi) Nirakarpur P.S. Case No – 171 dtd. 20.12.2014 U/S –

341/294/323/354/506 IPC (Judgment – Acquitted)

(vii) Nirakarpur P.S. Case No – 75 dtd. 17.08.2016 U/S – 147/148/427/323/506/149 IPC r/w 25 Arms Act & 3/4 E.S. Act (Judgment – Acquitted)

(ix) Nirakarpur P.S. Case No – 05 dtd. 13.01.2017 U/S – 147/148/294/323/506/149 IPC & 25/27 Arms Act (Judgment –

Acquitted)

(x) Nirakarpur P.S. Case No – 95 dtd. 28.09.2017 U/S –

52(a)(i) Odisha Excise Act (Judgment – Acquitted)

(xi) Nirakarpur P.S. Case No – 62 dtd. 22.06.2018 U/S –

52(a)(i) Odisha Excise Act (Judgment – Acquitted)

(xii) Nirakarpur P.S. Case No – 235/2023 U/S –

307/324/326/506/34 IPC (Pending)

(xiii) Nirakarpur P.S. Case No – 183 dtd. 24.12.2020 U/S –

52(a)(i) Odisha Excise Act (Judgment – Acquitted)

(xiv) Ni