BISWANATH PATRO Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Baliguda PS Case No.188 of 2019 corresponding to ST Case No.57(A) of 2023 pending in the file of learned Sessions Judge-cum-Special Judge, Ganjam, Berhampur, for commission of offences punishable U/Ss.302/120-B/109/34 of IPC r/w Ss. 25/27 of Arms Act, on the main allegation of entering into conspiracy with co-accused persons to commit murder of one Abhimanyu Panda by firing at him.

(2.) In the course of hearing, Mr. Biswa Kumar Mishra, learned counsel for the petitioner submits that although the name of the present petitioner did figure out in the FIR, but he was not charge-sheeted, however, on the petition of the prosecution U/S.319 of CrPC, the petitioner was subsequently arraigned as an accused, but when he got bail from this Court, the wife of the deceased challenged the same before the Apex Court, which allowed the SLP by directing the petitioner to surrender before the learned Court and, accordingly, the petitioner in obedience to the order of the Apex Court, voluntarily surrendered before the learned trial Court and unsuccessfully moved his bail application before the learned trial Court. Mr. Mishra further submits that the main allegation of murdering the deceased is directed against co-accused Ram Narayan Nahak, but neither the petitioner was present at the spot nor was having any role in the commission of crime and, therefore, the petitioner having been detained in custody for a substantial period may kindly be granted bail.

(3.) After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for entering into conspiracy with co-accused persons to eliminate the deceased, but fact remains that the petitioner was admittedly not charge-sheeted in this case, however, the petitioner and four others were subsequently arraigned as accused persons by virtue of an order passed on the application U/S.319 of CrPC moved by the prosecution, however, co-accused Shyama @ Shyam Sundar Patra, Gopal Chandra Patra @ Gopal Krishna Patra, Ram Chandra Patra and Chintu @ Ananda Prasad Acharya, who have been arraigned as accused persons in such application U/S.319 of CrPC moved by the prosecution for entering into conspiracy with co-accused persons, have already been granted bail by this Court in BLAPL Nos.8204 of 2024, 11818 of 2024 and 8544 of 2025. Further, there is no direct allegation against the petitioner for committing murder of the deceased, rather the allegation of committing murder of the deceased is directed against the co- accused Ram Narayan Nahak. The Apex Court while allowing the SLP preferred by the wife of the deceased against the order granting bail to the petitioner, has inter-alia observed the following:-