RAMESH PRADHAN Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) This is an application under section 439 (2) read with section 482 Cr.P.C. for cancellation of bail granted to opposite party No.2 Raju Bhola @ Rajkishore Bhol granted by learned 1st Addl. Sessions Judge, Puri vide order dated 01.07.2013 in Bail Application No.616 of 2013.

(2.) The prosecution case as per the First Information Report lodged by the petitioner Ramesh Pradhan before Inspector-in-Charge, Sadar police station, Puri is that on 20.11.2012 at about 5.00 p.m. while the brother of the informant namely Subash Pradhan who was working at Surat had come to Puri with his five friends, the opposite party no.2 along with other co-accused persons being armed with deadly weapons obstructed them near Batamangala in front of the shop of Dhanu Pradhan and attacked them and took away their vehicle, mobile phone and cash. One of the injured expired due to assault and then the accused persons kept his dead body inside a train and fled away. It is further stated in the First Information Report that the injured persons were under treatment at Sakhigopal Hospital and the whereabouts of the brother of the informant could not be ascertained. The vehicle which was taken away by the accused persons was left on the road which was subsequently seized. The informant suspected that the man who was killed by the accused persons and whose dead body was placed in the Jagannath Express might be his brother. It is further mentioned in the FIR that the accused persons were previously implicated in the assault of the brother of the informant for which a case was pending in the Court of learned Chief Judicial Magistrate, Puri.

(3.) The Inspector-in-charge, Sadar Police station, Puri himself took up investigation of the case. During course of investigation on 25.11.2012, the I.O. arrived at GRPS, Cuttack and came to know that Cuttack GRPS U.D. Case No.83 of 2012 was registered on 21.11.2012 as one Ajit Kumar Mishra, Station Superintendent of East Coast Railway intimated that on that day one unknown male person inn an intoxicated condition was found lying dead on platform No.1. The dead body was sent for post mortem examination. The post mortem report indicated that the deceased had sustained number of contusions which were ante mortem in nature and could have been caused by hard and blunt weapons and the cause of death was opined as asphyxia resulting from regurgitation of food materials into the respiratory passage which could have been due to trauma.