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Judgment
G. Satapathy, J.
These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Plantsite P.S. Case No. 335 of 2021 corresponding to S.T. Case No. 64/16 of 2022 pending in the file of learned 2nd Addl. Sessions Judge, Rourkela, Sundergarh, for commission of offence punishable U/S. 147/ 148/ 307/ 341/ 323/326/ 506/ 302/ 120-B/ 149 of IPC r/w Sec.25/27 of Arms Act, on the main allegation of firing at the informant and his brother and assaulting the brother of the informant by sharp cutting weapons along with co-accused persons for causing death to the brother of the informant.
In the course of hearing, Mr. Devashis Panda, learned counsel for the petitioner in BLAPL No. 4929 of 2026 submits that the prayer of the petitioner-Amir Khan is for interim bail on health ground, but not on merit and taking into account the medical condition of the petitioner, he may kindly be admitted to interim bail for some period and thereafter, the petitioner can renew his prayer for bail on merit. Accordingly, Mr. Panda prays to grant interim bail to the petitioner-Aamir Khan.
On the other hand, Mr. Arijeet Mishra, learned counsel for the petitioner in BLAPL No. 6121 of 2026 submits that the petitioner has been detained in custody for near about four years, but trial is yet to be concluded and there is absolutely no specific evidence available against the petitioner and therefore, the petitioner may kindly be granted bail.
Mr. M.R. Patra, learned Addl. PP by taking this Court through the evidence of eye witnesses, prays to reject the bail applications of the petitioners.
After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for committing murder of one Jitendra Kumar Saha by firing at him and in the meantime, some witnesses have already been examined, however, the petitioners are stated to be identified in the TI parade, but the issue relating to identification or implication of the petitioners on threadbare analysis of evidence is impermissible in a bail proceeding and it is not advisable for a Court to appreciate the evidence at the stage of consideration of bail. It is, however, not disputed that the petitioner-Aamir Khan seeks for interim bail on the ground of his self-health illness, but the written instruction received from the Medical Officer, Special Jail, Bonaigarh reveals that the petitioner has been provided with proper medical care and treatment. Further, he has also availed interim bail w.e.f. 13.07.2026 to 27.07.2026.
There appears no dispute about the deceased Jitendra Kumar Saha dying a homicidal death and his postmortem report reveals that he had sustained four gunshot injuries and sixteen incised wounds. It is strange, but true that the petitioner-Arman Qureshi is having some criminal antecedents, but he has not disclosed such criminal antecedents in his bail application, however, he has subsequently filed a comprehensive affidavit partially disclosing his criminal antecedents, inasmuch as it is stated in the earlier rejection of bail to the petitioner-Arman Qureshi that he is having 15 criminal antecedents, but he has disclosed 08 criminal antecedents in the comprehensive affidavit. Similarly, the petitioner-Aamir Khan although was having antecedents, but he has not disclosed such antecedents in his bail application, rather he subsequently filed an affidavit disclosing his antecedents therein. In the context of suppression of material facts, this Court considers it profitable to refer to the decision in Munnesh Vrs. State of Uttar Pradesh; 2025 SCC OnLine SC 1319, wherein the Apex Court in paragraph-9 has held as under:-
“9.since the petitioner has suppressed material facts with regard to his involvement in criminal cases, he is not entitled to the discretionary relief of bail.” Xxxx xxx xx xx.”
No doubt, the petitioner-Aamir Khan has sought for interim bail on his health condition, but he was admitted to interim bail on many occasions, but this Court does not consider it proper to grant interim bail to the petitioner-Aamir Khan in routine manner. In the aforesaid facts and circumstances and taking into account the nature and gravity of the offences as alleged against the petitioners vis-‡-vis the accusations sought to be brought against them and regard being had to the materials placed on record together with the alleged identification of the petitioners in TI parade and keeping in view the evidence of witnesses examined in this case, more particularly that of PW.14, this Court does not consider it proper to grant interim bail to the petitioner-Aamir Khan or regular bail to the petitioner-Arman Qureshi.
Hence, both the bail applications of the petitioners-Aamir Khan and Arman Qureshi stand rejected. Accordingly, the BLAPL Nos. 4929 & 6121 of 2026 stand disposed of. Pending IAs, if any stand disposed of.
Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately forwarded to the court in seisin over the matter for reference.