PINU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Kankadahad P.S. Case No. 215 of 2023 corresponding to G.R. Case No. 969 of 2023 pending in the court of the learned S.D.J.M., Kamakhyanagar registered for commission of the offences punishable under Sec. 399, 402 of the of IPC, read with Sec. 3 and 4 of Explosive Substance Act against the petitioner and 6 others. Charge sheet dtd. 20/1/2024 has been filed, keeping investigation open against seven persons including the present petitioner under Sec. 399, 402 of the of IPC, read with Sec. 3 and 4 of Explosive Substance Act.

(2.) The prayer for bail of the petitioner has been rejected on 26. 12.2023 by the learned Additional Sessions Judge, Kamakhyanagar in BLAPL No. 297 of 2023.

(3.) The prosecution case in brief against the petitioners is that on 21. 11.2023, at about 10.00 p.m., the ASI of Kankadahad police station while performing patrolling duty, at about 2 a.m., detected the petitioner and the other accused persons sitting inside the bus stoppage in candlelight and gossiping among themselves. They surrounded the accused persons. On interrogation they confessed that they had come to the spot for committing dacoity at Birasal and its nearby villages. On search police found two packets of chilly powder, two bill hooks, five hand bombs and one lighter gun kept inside a Ciaz car bearing registration. No. OD-02-X-3612 and one pulsar motorcycle bearing registration. No. OD-05-BC-4048 and these are seized. They also confessed that they were previously involved in series of robbery/dacoity cases under Dhenkanal Sadar PS, Balimi PS of Dhenkanal district and Kanpur PS, Tigiria PS and Athagarh police stations under Cuttack (R) police district. After the IIC, Kankadahad PS was intimated to send some additional police personnel to the spot. At 4.10 a.m., after arrival of more police men arrived at the spot and the FIR was drawn up at the spot. It was sent to the police station for formal registration of FIR and the petitioners were arrested.