PRAMOD CHANDRA RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners in all the aforesaid five Bail Applications have been arrayed as accused persons in Nayapali P.S. Case No. 115 of 2005 corresponding to G.R. Case No.1301 of 2005 pending before the SDJM, Bhubaneswar for alleged commission of offences under Sections 302, 120 -B, 109 and 34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act.

(2.) A horrendous murder took place on 18th April, 2005 near Prachi Divisional Executive Engineer's office in the heart of Capital of Orissa in which two persons, namely, Rubu alias Subash Ch. Das and Dhiren Kumar Sethi, were chased by three unknown persons armed with revolvers/pistols in broad day light at about 12.45 p.m. and were shot dead. An FIR in that connection was filed by one Prakash Chandra Das, a brother of deceased Rubu alias Subash and the local police commenced investigation.

(3.) POLICE also examined several other persons, namely, Saroj Kumar Sethi, brother of deceased Dhiren and one Ganesh Kumar Das whose statements implicated Anil Chhotray in the alleged crime. On 20th July, 2005 the investigating officer armed with fresh materials, interrogated Anil, who, it is stated, gave a picture of his criminal background with regard to several crimes being committed by him and the modus operandi adopted by him to fix up tenders in respect of different contract works by terrorizing the contractors. Police could smell a racket as to how by terrorizing contractors it could manage to get the work orders issued to the choicest contractors; thereby causing immense loss to the State exchequer. A number of instances of such overt acts committed by Anil Chhotray came to light in course of his interrogation. He also admitted that deceased Rubu and Dhiren were working as petty contractors under one Anil Mahallik, another contractor, and they did not succumb to the pressure and rather challenged his authority, thereby creating hurdles to his contractor -clients.