Bail 439 HC

IN THE HIGH COURT OF ORISSA; CUTTACK
(BAIL APPLICATION)
BLAPL No………………………OF 2013
Code No.091000
IN THE MATTER OF:
Mitu@Nihar Ranjan Pradhan

……………..Petitioner
……………..Petitioner
–Versus–
State of Odisha
………………Opposite
………………Opposite Party
INDEX
SL.NO.
SL.NO. PARTICULARS OF DOCUMENT PAGES
1. Bail Application
2. ANNEXURE–1
A copy of the FIR
3. ANNEXURE– 2
Copy of the Rejection Order passed
by the Ld. 1st Addl. Sessions Judge,
Puri on 18/02/2013
4. ANNEXURE– 3
Copy of the Marriage Invitation
Card
5. VAKALATNAMA
Cuttack By the Petitioner

Date: Through
Advocate
IN THE HIGH COURT OF ORISSA; CUTTACK
(BAIL APPLICATION)
BLAPL No………………………OF 2013
Code No.091000
IN THE MATTER OF: (Accused Person is in Custody)

An application under Section 439 of the
Criminal Procedure Code;
AND
IN THE MATTER OF: G.R. Case No 715 of 2011 arising out of

Puri Sadar PS Case No 80 of 2011 falsely
implicated under Sections 302/506/114
and 34 of IPC r/w Section 25(1)(a)(i)(B)/27
Arms Act, pending before Ld. SDJM, Puri
AND
IN THE MATTER OF:
Mitu@Nihar Ranjan Pradhan

aged about 40 years
S/o – Bhramarbar Pradhan
At – Bandala,
PS – Puri Sadar
Dist – Puri
At present residing
CDA, Behind Krusaka Bhawan
PS- Markat Nagar
Dist- Cutack
………………..Petitioner
-Versus-
State of Orissa
……………Opposite
……………Opposite Party
The matter out of which this application arises was once before
this Hon’ble Court vide BLAPL No 14576 of 2012 as per
instruction received from the client.
TO
THE HON’BLE ACTING CHIEF JUSTICE SHRI PRADIP KUMAR
MOHANTY, B.A., L.L.B, OF ORISSA HIGH COURT AT
CUTTACK AND HIS COMPANION JUSTICES OF THE SAID
HON’BLE COURT;
THE HUMBLE PETITION OF THE
PETITIONER NAMED ABOVE;
MOST RESPECTFULLY SHOWETH:
1. That the present petition has been filed by the petitioner

seeking interim bail for a period of fifteen days for participating
and organising the marriage of his sister .That the accused
petitioner is a poor and an innocent youth in his locality, who has
been victimised of his own innocence and ill intentions of the
prosecuting authorities towards him and has been falsely
implicated in the alleged commission of offences under Sections
302/506/114 and 34 of IPC r/w Section 25(1)(a)(i)(B)/27 Arms Act,
pending before Ld. SDJM, Puri vide Puri Sadar PS Case No 80 of
2011 corresponding to G.R. Case No 715 of 2011. That the Police
have falsely implicated him in this case though the petitioner
was never involved in the alleged offences. There is no evidence
against the petitioner rather it is the dishonest intention to
entangle him in the alleged offences. That the Ld. 1 st Addl.
Sessions Judge, Puri has rejected the bail application of the
petitioner on 18.02.2013. Hence this petition.
2. That the story of the prosecution is that the informant lodged

an FIR before the concerned Police Station on 13.05.2011 stating
therein that on 13.05.2011 his son namely Amit Pradhan had
been to Brahmagiri with his friends and while returning the
petitioner along with his associates restrained the informant son
and abused and opened fire from a gun and while the informant
son severely injured, he was carried to hospital. The present
petitioner again fired at the informant son’s back near the house
of his brother Natabar. The informant further stated that after
being informed by his brother he went to Puri Hospital where his
son Amit was declared brought dead. A copy of the FIR is
annexed herewith and marked as ANNEXURE- 1.
1.
1. That it is respectfully submitted that after the course of

investigation the investigating officer has submitted the charge
sheet against the present petitioner before the Court below.
2. That the police has gone ahead to register the case involving
the Petitioner in the omnipotent and serious allegations under
the Arms Act without an iota of solid evidence in order to harass
the Petitioner and hatched conspiracy to entangle the innocent
hapless petitioner in the aforesaid criminal case.
3. That as per the order dated 18/02/2013 the Ld. 1 st Addl.

Sessions Judge, Puri has rejected the bail application of the
petitioner without any valid grounds which is a serious
miscarriage of law and against the justice, equity and public
policy as well has severely prejudiced the helpless Petitioner. A
copy of the order dated 18/02/2013 the Ld. 1 st Addl. Sessions
Judge, Puri is annexed herewith and marked as ANNEXURE- 2.
4. That it is respectfully submitted that the marriage ceremony

of the sister of the petitioner is going to be solemnised on 27 th of
February, 2013 and the father of the petitioner is suffering from
cardiac problem for which it is most essential for the petitioner to
attend his sister marriage as no other male member of his family
is there to look after his sister’s marriage ceremony. A copy of
the Marriage Invitation Card is attached herewith and marked as
ANNEXURE- 3.
3.
5. That it is further submitted that since more than two years the
present petitioner is in jail custody and the petitioner though
being innocent has already suffered unnecessarily which is
against the principle of criminal justice jurisprudence and if this
be repeated by this Hon’ble Court will surely lead to defeat the
ends of natural justice.
6. That the petitioner has become the victim of his own
innocence and previous grudges of the investigating officials
against him, and to add to it there is no cogent, substantial,
circumstantial corroborating evidence to prove the offence.
7. That the petitioner was never involved in the aforesaid case

and the informant has falsely implicated the petitioner so as to
ensure that this petitioner is harassed. This shows the vindictive
attitude of the informant and the FIR was lodged in all mala fide
intention.
8. That there is no chance of absconding of petitioner as he is

the permanent resident within this jurisdiction of this Hon’ble
Court and furthermore there is no chance of tampering with
evidence as he is with the investigating authorities.
9. That the petitioner further submits that he is law-abiding

person and will abide by any terms and conditions imposed by
this Hon'ble Court, if released on interim bail.
PRAYER
It is humbly prayed that this Hon'ble Court may graciously

be pleased to grant interim bail to the petitioner in connection
with Puri Sadar PS Case No 80 of 2011 corresponding to GR Case
No. 715 of 2011 pending before the Ld. SDJM, Puri on any suitable
terms and conditions as deemed just and proper and may pass
such other order/orders as this Hon’ble Court deems fit and
proper;
And
May pass such other order/orders as this Hon’ble Court
deems fit and proper;
And
For the said act of kindness, the petitioner as in duty bound
shall ever pray;
Cuttack By the petitioner
Date: Through
Advocate
AFFIDAVIT
I, Sarada Prasanna Nayak, aged about 26 years, S/o- Bholanath

Nayak resident of Nuhundi, PS- Balikuda, Dist- Jagatsinghpur do hereby
solemnly affirm and state as follows:
1. That I am the advocate's clerk in charge of this case and as

the petitioner is in custody, I have been authorized by the
advocate to swear this affidavit.
2. That the facts stated in the present Bail Application and

affidavits are true to the best of my knowledge and belief.
DEPONENT/AC
CERTIFICATE
Certified that due to want of cartridge papers this matter has

been typed in thick white papers
Cuttack
Date- Advocate
UNDERTAKING
That the counsel for petitioner undertakes that the English

version of Oriya annexure will be filed as and when required by this
Hon’ble Court.
Date Advocate

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IN THE HIGH COURT OF ORISSA; CUTTACK

BLAPL No………………………OF 2013

Mitu@Nihar Ranjan Pradhan

Cuttack By the Petitioner

BLAPL No………………………OF 2013

IN THE MATTER OF: (Accused Person is in Custody)

IN THE MATTER OF: G.R. Case No 715 of 2011 arising out of

Mitu@Nihar Ranjan Pradhan

MOST RESPECTFULLY SHOWETH:

1. That the present petition has been filed by the petitioner

2. That the story of the prosecution is that the informant lodged

1. That it is respectfully submitted that after the course of

3. That as per the order dated 18/02/2013 the Ld. 1 st Addl.

4. That it is respectfully submitted that the marriage ceremony

7. That the petitioner was never involved in the aforesaid case

8. That there is no chance of absconding of petitioner as he is

9. That the petitioner further submits that he is law-abiding

It is humbly prayed that this Hon'ble Court may graciously

I, Sarada Prasanna Nayak, aged about 26 years, S/o- Bholanath

1. That I am the advocate's clerk in charge of this case and as

2. That the facts stated in the present Bail Application and

Certified that due to want of cartridge papers this matter has

That the counsel for petitioner undertakes that the English

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